For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section.
means a passenger-for-hire business either based in the city
of Sunnyvale or elsewhere whose business activity includes picking
up any passengers in the city of Sunnyvale by on-demand requests,
a radio dispatched service, or referral which results in charging
the passenger by metered time and/or distance to a destination identified
by the hiring passenger for an exclusive ride. Such taxi services
are a business that is required to be licensed under this chapter.
Taxi services which have picked up passengers outside of the city
of Sunnyvale and delivered the passengers to a location within the
city are excluded from the licensing requirements under this chapter.
"Exclusive ride" as it is referred to in this section
does not preclude a passenger from directing the taxicab driver to
pick up additional passengers en-route to a destination and incurring
the additional metered time and/or distance that would be required.
means the state agency charged with and responsible for ensuring
the accuracy of commercial weighing and measuring devices.
means any person in direct and immediate possession of, in
charge of, or operating a taxicab.
means every person, firm, partnership, association or corporation
having proprietary use, ownership or control of any taxicab or fleet
of taxicabs.
means a trip using an online enabled application, dispatch,
or Internet web site. A company may provide prearranged trips anywhere
within the county in which it has obtained a permit.
means an independent, self-employed driver whose business
is substantially located in the city of Sunnyvale and who enters into
a franchise agreement with the city without employing additional drivers.
means either the jurisdiction where a company maintains its
primary business address, or the jurisdiction where the largest share
of prearranged and non-prearranged trips originates, as defined in
Government Code Section 53075.5. "Substantially located"
shall also mean, for companies establishing a new operation after
January 1, 2019, the jurisdiction where a company has its primary
business address for the first twelve months of operation. A company
or driver may be substantially located in more than one jurisdiction.
means and includes all motor vehicles engaged in the business
of transporting passengers for hire on the streets of the city of
Sunnyvale, irrespective of whether such operations extend beyond the
boundary limits of the city; such vehicles being designed for carrying
not more than eight persons, excluding the driver; and not operating
on regular schedules and over regularly established routes. Specifically
excluded from the definition of "taxicab" are vans or
other vehicles providing transportation for the handicapped, operated
by nonprofit social service organizations.
means a device attached to or utilized by a taxicab, by means
of which device the authorized charge for hire of such vehicle is
mechanically calculated on the basis of distance traveled, or for
waiting time, or a combination of both, which charges shall be indicated
upon by means of figures in dollars and cents.
(Ord. 2096-84 § 1; Ord. 2824-06 § 1; Ord. 2893-09 § 1; Ord. 3138-18 § 1)
There is hereby conferred upon the city manager those powers
and duties necessary for the administration of this chapter. In addition,
there is also conferred upon the city manager the authority and power
to designate such officers and employees of the city, and of other
cooperating public agencies, to assist him or her in carrying out
the intent and purpose of this chapter.
(Ord. 2096-84 § 1)
(a)
It
is unlawful for any company or driver who is substantially located
in the city to operate in the city unless the owner thereof applies
for, and obtains a franchise to do so, which franchise shall be nonexclusive
and shall be applied for, granted, and in effect, all in compliance
with the provisions of this chapter.
(b)
Beginning
January 1, 2018, all companies and drivers shall collect data to determine
in what jurisdictions each company and driver are substantially located.
Beginning January 1, 2019, data for prearranged and non-prearranged
trips collected in the previous twelve months shall be provided upon
date of renewal to the city for any company and driver that is substantially
located in the city.
(c)
Any
company or driver who changes from being substantially located in
another jurisdiction to being substantially located in the city of
Sunnyvale shall provide the city with six months' notice prior
making that change.
(d)
Any
company or driver who establishes a new taxi operation after January
1, 2019 shall be considered substantially located in Sunnyvale if
the company maintains its primary business address in Sunnyvale. After
the first year of operation, the company shall submit and the city
shall review all data collected in the previous twelve months to determine
where the taxicab company is substantially located.
(Ord. 2096-84 § 1; Ord. 3138-18 § 1)
The city council shall, by resolution, establish application
fees, which shall be nonrefundable, for such franchise, and shall
further establish franchise fees and terms for payment of such franchise
fees, by resolution. The city council may also establish late fees
for failure to timely submit renewal applications.
(Ord. 2096-84 § 1; Ord. 2979-12 § 1)
(a)
The
application for such owner's franchise shall be verified under
oath by the applicant, and shall set forth:
(1)
A full identification of the applicant, relevant business information,
and all persons to be directly or indirectly interested in the franchise,
if granted;
(2)
The residence and business address, including all members of any
firm or partnership, or all officers and directors of any corporation
applying;
(3)
The location of the proposed business for which the franchise is
requested, and the name of the owner and the present use of such premises;
(4)
The exact nature of the proposed business for which the franchise
is requested, and the name under which it is to be operated;
(5)
The past experience of the applicant in the matter to which the requested
franchise appertains; and the name, address, and past experience of
the person to be in charge of the premises or business;
(6)
Whether or not any prior license, permit, or franchise to operate
a taxicab business has been revoked and if so, the circumstances of
such revocation;
(7)
The number of vehicles proposed to be operated under the franchise,
and a complete description of the same including the distinguishing
color or colors thereof, the model and year, the manufacturer's
name, the license number and the vehicle registration number; the
applicant must be the registered owner of at least five taxicabs to
be included in the franchise at the time of filing of the application
and must maintain at least five taxicabs while operating in the city
of Sunnyvale, unless the applicant is a sole proprietor as defined
in Section 5.36.010(6);
(8)
The make and type of taximeter intended to be installed in each taxicab;
(9)
A description of the proposed color scheme and insignia or any other
distinguishing characteristics to be used to designate the vehicles
of the owner;
(10)
A description of the proposed uniform to be worn by the drivers of
applicant's taxicabs.
(b)
In addition to the items of information required in subsection (a) of this section, the applicant shall, together with the franchise application, furnish the following:
(1)
A statement from a responsible, solvent corporation, authorized to
issue public liability and property damage insurance in the state
of California, that in the event the application is granted, they
will issue a policy of insurance to the applicant in the manner and
form required by this chapter;
(2)
A statement that the applicant is the registered owner of each of
the vehicles it proposes to operate;
(3)
A statement that no taxicab shall be kept garaged, serviced, maintained
or repaired on any premises where the zoning ordinance of the city
of Sunnyvale does not permit the same;
(4)
The city may require evidence of every material statement in the
application of the ability of applicant to meet the provisions of
this chapter, together with such further information as the city council,
or such official of the city of Sunnyvale to whom the application
may be referred, may require;
(5)
A statement that within the last five years the applicant has not
failed to comply with a final court order or administrative action
of an investigatory agency finding a violation of applicable federal,
state and local wage and hour laws, including, but not limited to,
the Federal Fair Labor Standards Act, the California Labor Code, and
any local minimum wage ordinance or prevailing wage requirements.
For purposes of this subsection, a final court order or administrative
action is one as to which there is no pending appeal and the time
for filing an appeal has passed.
(Ord. 2096-84 § 1; Ord. 2824-06 § 2; Ord. 3073-16 § 1; Ord. 3133-18 § 3; Ord. 3138-18 §
1)
Not more than forty-five days after filing of the fully completed
application required by this chapter for the owner's franchise,
the city council shall hold a public hearing thereon for the purpose
of determining whether to award such franchise. Any person may appear
before such hearing to either advocate or to protest the granting
of such franchise. The city clerk shall fix the time for the public
hearing and shall notify the applicant thereof not less than ten days
prior to such hearing.
(Ord. 2096-84 § 1)
Notice of the time and place of the public hearing required
by the preceding section before the city council shall be published
at least once in a newspaper of general circulation in the city, not
less than ten days before the hearing.
(Ord. 2096-84 § 1)
No franchise awarded under this chapter shall be assigned or
transferred without the prior approval of the city council, by resolution.
(Ord. 2096-84 § 1)
Each franchisee shall maintain accurate records relating to the ownership and registration of any of the franchisee's vehicles which it operates under the franchise. If the franchisee adds any vehicles to its operations under the franchise other than those which it has listed in its application, pursuant to Section 5.36.050(a)(7)5.36.050(a)(7), the franchisee shall, prior to placing the vehicle into service in Sunnyvale, inform the director of public safety in writing of such vehicle's acquisition or transfer to its operations under the Sunnyvale franchise and shall give the date upon which such vehicle will be put into service under the franchise, and all other information required under Section 5.36.050(a)(7)5.36.050(a)(7) as well as any other information requested by the director of public safety related to such vehicle, its ownership, or use in the franchisee's business operations. The franchisee shall also keep accurate records on any vehicles listed in its application, or later acquired, which it removes from service under the franchise, including dates of such removal, disposition of the vehicle and details of any transfer of ownership, together with copies of all documents related to such transfer. Prior to the start of the next calendar year quarter after the removal of a vehicle from service under the franchise, the franchisee shall inform the Sunnyvale director of public safety in writing of that fact, and furnish any related information required by the director of public safety.
(Ord. 2301-89 § 1; Ord. 2096-84 § 1)
The city council may deny a franchise to any applicant if it appears to its satisfaction that the applicant has been convicted of a felony or violation of any narcotic law or of any penal law involving moral turpitude; that the applicant's proposed color scheme or other insignia will tend to confuse the identification of the vehicles proposed to be operated by such applicant with those of another owner operating in the city; that the applicant has failed to provide the necessary information required in Section 5.36.050 or made a material misstatement or misrepresentation in the application; that the applicant has been in violation of any of the terms of this chapter, or of any other laws or regulations relating to the conduct of a taxicab business; that the applicant has had a taxicab license revoked or suspended in the city of Sunnyvale or any other jurisdiction within five years prior to the date of the application; that the applicant has previously applied for a taxicab franchise in the city of Sunnyvale and been denied within two years prior to the date of the current application; or that any other reasonable cause exists which, within the council's sound discretion, would render the proposed operations undesirable to the city of Sunnyvale, pose a public health and safety risk, or would otherwise be inadequate.
(Ord. 2096-84 § 1; Ord. 2824-06 § 3; Ord. 2979-12 § 2; Ord. 3073-16 § 1; Ord. 3138-18 §
1)
The franchise issued under this chapter shall be issued for
an initial term of two years. The city council may authorize the director
of public safety to approve up to two, two-year extensions, provided
the franchisee remains in good standing, for a total term not to exceed
six years. At the expiration of the total term including approved
extensions, unless a new franchise is issued under the provisions
of this chapter, or unless the city council, for good cause, extends
the term of the original franchise, the franchise shall be deemed
to have expired and shall no longer be valid. If an owner has submitted
all necessary renewal materials and all fees are current and paid
in full, subject to the written approval of the director of public
safety, the owner may continue to operate under the terms of the franchise
previously issued, until such time as the council takes formal action
on the franchise renewal.
(Ord. 2096-84 § 1; Ord. 2740-03 § 1; Ord. 3073-16 § 1)
The director of public safety, or his or her designee, may suspend
without previous notice any franchise granted pursuant to this chapter
whenever the director determines that a taxicab is in violation of
any provision of this chapter. Such suspension shall be effective
until such time as the owner presents evidence satisfactory to the
director of public safety that the violation has been corrected.
The holder of the franchise thus suspended may, within ten days
after such suspension, request that the director reconsider such suspension.
If the franchise holder files a timely request, the director shall
set a time and place for a hearing and shall consider all relevant
evidence and testimony prior to making a decision. The decision of
the director of public safety is final. Failure to request a hearing
within the required time period shall be deemed a failure to exhaust
administrative remedies.
(Ord. 2096-84 § 1; Ord. 2824-06 § 4)
(a)
The
director of public safety, or designee, may revoke the franchise granted
under this chapter, if any of the following determinations are made:
(1)
If the owner fails to operate taxicabs in accordance with the provisions
of this chapter;
(2)
If the owner discontinues or suspends service for a period of ten
days without first having obtained permission from the director of
public safety;
(3)
If the owner refuses to accept a request for service anywhere within
the corporate limits of the city, having vehicles and drivers available
for service;
(4)
If taxicabs are operated at a rate of fare other than that specified
in the franchisee's rate schedule then in effect;
(5)
For any materially false statements in application for the franchise
or any extensions thereof, or in any information required to be furnished
under this chapter, or for the failure to furnish any material or
information required to be furnished to city under this chapter;
(6)
Failure of the owner to pay, when due, any applicable fees imposed
by the city;
(7)
If the applicant has failed to comply with a final court order or
administrative action of an investigatory agency finding a violation
of applicable federal, state and local wage and hour laws, including,
but not limited to, the Federal Fair Labor Standards Act, the California
Labor Code, and any local minimum wage ordinance or prevailing wage
requirements. For purposes of this subsection, a final court order
or administrative action is one as to which there is no pending appeal
and the time for filing an appeal has passed.
(b)
The
director shall initiate revocation proceedings by giving written notice
to the owner that an appeal of the initial decision must be received
in writing within ten days of being notified of the revocation. The
director shall review the information provided in the appeal letter
and shall schedule a hearing with the owner. The hearing notice shall
be sent to the owner at least five days prior to the date of such
hearing and shall specify the grounds upon which revocation proceedings
will be conducted and set forth the time and place for the hearing.
The director shall consider all relevant testimony before making a
determination and a decision shall be issued within five days of the
hearing.
(c)
The
holder of a revoked franchise may, within ten days after such revocation,
appeal the decision of the director of public safety to the city council.
The appeal shall take place at a regularly scheduled public hearing.
At the public hearing, the council shall consider all relevant testimony
before making its determination. The determination of the city council
shall be final.
(d)
Failure
to request a hearing within the required time period shall be deemed
a failure to exhaust administrative remedies.
(e)
Any
person whose franchise is revoked shall not be eligible to apply for
another franchise for a period of one year from the date of such revocation.
(Ord. 2096-84 § 1; Ord. 2301-89 § 2; Ord. 2824-06 § 5; Ord. 2893-09 § 2; Ord. 3073-16 §
1; Ord. 3133-18 § 3; Ord. 3138-18 § 1)
(a)
It
shall be the responsibility of the owner to assure that every taxicab
operated under its franchise is in safe working order and meets the
requirements of the Vehicle Code of the state of California. The interior
and exterior of each taxicab shall be clean and well maintained at
all times when in operation.
(b)
All
accidents, regardless of the jurisdiction of occurrence, arising from
or in connection with the operation of taxicabs which result in death
or injury to any person, or in damage to any vehicle, or to any property
in an amount exceeding the sum of one hundred dollars, shall be reported
to the public safety department within ten days from the time of occurrence.
(c)
All
owners shall ensure all drivers comply with the provisions of this
chapter.
(d)
All
owners shall comply with all relevant State law provisions regarding
the operation of a taxicab, including, but not limited to, Section
53075.5(h) of the California Government Code.
(Ord. 2096-84 § 1; Ord. 2824-06 § 6; Ord. 2979-12 § 3; Ord. 3138-18 § 1)
Any driver employed to transport passengers to a definite point
shall take the most direct route that will take the passengers to
their destination safely and expeditiously.
(Ord. 2096-84 § 1)
If requested, every driver of a taxicab shall give a receipt
upon payment of the correct fare. The receipt shall include the driver's
name, company, permit number, vehicle or cab number, meter reading,
date, time, and fare.
(Ord. 2096-84 § 1; Ord. 2979-12 § 4)
It is unlawful for any driver to refuse, when the vehicle is
in service and not otherwise engaged, to transport any person who
requests such service in a sober and orderly manner and for a lawful
purpose. Taxicab companies shall not prejudice, disadvantage, or require
different rates or provide different service to a person because of
race, national origin, religion, color, ancestry, physical disability,
medical condition, occupation, marital status, or any characteristic
listed or defined in Section 11135 of the Government Code.
(Ord. 2096-84 § 1; Ord. 3138-18 § 1)
It is unlawful for any driver to permit any other person to
occupy or ride in any taxicab, unless the first person employing the
taxicab shall consent to the acceptance of additional passengers.
Notwithstanding this section, or the terms of Section 5.36.160, such sections shall not be deemed to apply to any provisions to the contrary, contained in the agreement between the city of Sunnyvale, and any taxicab franchisee, for providing city-subsidized transportation for the handicapped or for senior citizens.
(Ord. 2096-84 § 1)
No driver shall permit more persons to be carried in a taxicab
than the rated seating capacity of such taxicab.
(Ord. 2096-84 § 1; Ord. 2824-06 § 7)
Each taxicab shall have located in a place in the driver's
compartment, and in view of the passengers therein, a copy of the
permit of the driver.
(Ord. 2096-84 § 1)
(a)
Each
owner shall provide a toll-free telephone number to the public for
dispatch of taxicab services within the city of Sunnyvale. All requests
for service inside the corporate limits of the city of Sunnyvale shall
be answered as soon as practicable; and if the service cannot be rendered
within a reasonable time the prospective passenger shall be informed
how long it will be before the call can be answered and the reason
for the delay.
(b)
Each
taxicab shall be equipped with operable transmitters and receivers,
or the driver shall possess a mobile phone or utilize an electronic
application that provides direct reliable contact with the driver's
dispatcher.
(c)
Notice
of change of telephone number(s) shall be provided to the director
of public safety at least seventy-two hours before said change is
effected.
(Ord. 2096-84 § 1; Ord. 2301-89 § 3; Ord. 2740-03 § 1; Ord. 3073-16 § 1; Ord. 3138-18 §
1)
Each owner shall provide taxicab service, including dispatching
service, within the city on a twenty-four hour basis every day of
the year.
(Ord. 2096-84 § 1)
The owner holding a franchise under this chapter shall be responsible
for all business authorized by the franchise. An owner shall be responsible
to provide sufficient permitted drivers and dispatch personnel to
operate the business safely and in accordance with the requirements
of the franchise and this chapter.
(Ord. 2096-84 § 1)
The vehicles of every owner operating in the city shall be of
a color scheme and bear the owner's trade name, monogram or
insignia which are distinguishable from the color scheme, owner's
trademark, monogram or insignia used on the vehicles of any other
owner already operating pursuant to this chapter.
(Ord. 2096-84 § 1; Ord. 2824-06 § 9)
Every taxicab operated in the city shall bear the following
identification:
The owner's trade name, monogram or insignia, as approved
pursuant to the owner's franchise together with a taxicab identification
number and the owner's telephone number or numbers painted upon
the outside rear panel of the taxicabs. All lettering mentioned in
this section shall be not less than two and one-fourth inches in height.
(Ord. 2096-84 § 1)
(a)
Every
vehicle operating under a franchise shall be presented by the owner
or driver to the department of public safety for inspection once a
year on or before the first day of March to ensure that the vehicle
is maintained in a safe operating condition, and in compliance with
the Vehicle Code. All vehicles added to the fleet of any franchise
intended to be operated under the franchise shall be brought to the
department of public safety for inspection prior to use in the fleet
by the owner or driver.
(b)
It
is unlawful for any owner or driver of any taxicab operated in the
city to interfere with or prohibit any public safety officer of the
city or any person designated by the director of public safety from
at any time inspecting or thoroughly examining any such taxicab or
any taximeter used upon any taxicab.
(Ord. 2096-84 § 1; Ord. 2740-03 § 1; Ord. 3138-18 § 1)
Each franchisee shall adopt a uniform and reasonable schedule
of charges for use of taxicabs operated under its franchise, based
upon the distance traveled or waiting time, or both, as may be indicated
by such taximeter.
(Ord. 2096-84 § 1; Ord. 2301-89 § 4; Ord. 2893-09 § 4; Ord. 3138-18 § 1)
The company shall disclose fares, fees, or rates to the customer,
and may satisfy this requirement by disclosing fares, fees, or rates
on its Internet web site, mobile telephone application, or telephone
orders upon request by the customer.
The company shall notify the passenger of the applicable rate
prior to the passenger accepting the ride for walkup rides and street
hails. The rate may be provided on the exterior of the vehicle, within
an application of a mobile telephone, device, or other Internet-connected
device, or it may be clearly visible in either print or electronic
form inside the taxicab.
(Ord. 2096-84 § 1; Ord. 2893-09 § 5; Ord. 3138-18 § 1)
It is unlawful for an owner or driver to operate a taxicab unless
there is in full force and effect a commercial automobile insurance
policy, executed by an insurance carrier authorized to conduct business
in the state of California and with an A.M. Best rating of at least
A:VII, whereby the owner and driver of each of the taxicabs operated
under the franchise are insured against liability for damage to property
and for injury to or death of any person as a result of the ownership,
operation or other use thereof. The minimum liability limits upon
each such vehicle shall not be less than one million dollars combined
single limit for bodily injury to or death of any persons and for
damages to or destruction of property in any one accident. Such policy
of insurance shall contain an endorsement providing that the policy
shall not be canceled or materially modified until notice in writing
has been given to the city, addressed to the director of public safety,
city of Sunnyvale, California, at least thirty days immediately prior
to the time such cancellation becomes effective. Further, such policy
of insurance shall name the city, its officers, agents and employees
as additional insured by separate endorsement. Any deviations from
these requirements must be approved in writing by the city's
risk manager. Additionally, a vehicle owner and driver shall indemnify,
defend and hold harmless the city, its officers, agents and employees
from claims arising from or alleged to arise from the negligence of
the vehicle owner or driver.
(Ord. 2096-84 § 1; Ord. 2301-89 § 5; Ord. 2893-09 § 6; Ord. 3138-18 § 1)
If, at any time, the policy of insurance required by Section 5.36.300 is canceled or materially modified by the company issuing the same, or the authority of the company to do business in the state shall be revoked, the owner shall within three days of notice of such cancellation or modification replace such policy with another policy satisfactory to the city attorney, and in default thereof the owner's franchise to operate a taxicab shall be revoked.
(Ord. 2096-84 § 1)
It is unlawful for any owner or driver to operate any taxicab
in the city unless and until such vehicle is equipped with a taximeter.
A company may use any device or technology approved by the Division
of Measurement Standards to calculate fares, including the use of
global positioning system metering, provided that the device or technology
complies with Section 12500.5 of the Business and Professions Code
and all regulations established pursuant to Section 12107 of the Business
and Professions Code. It shall be the duty of every owner operating
a taxicab to maintain such taximeter in good serviceable condition
so that it will at all times correctly indicate the correct charge
for the distance traveled and waiting time. Every taximeter shall
be equipped so as to register the cost of transportation of passengers
in the city, and the taximeter shall be so placed in the taxicab that
the reading dial showing the amount to be charged may be readily seen
by the passengers in the taxicab. The owner shall cause such taximeter
to be inspected annually by the Santa Clara County Sealer of Weights
and Measures, and shall timely submit a report of such inspection
to the director of public safety. The director of public safety is
hereby authorized at his or her instance or upon complaint of any
person, to investigate or cause any taximeter to be investigated,
and upon discovery of any inaccuracy in such taximeter, to suspend
the franchise for operation of the taxicab in which it was installed,
until the director of public safety determines such taximeter has
been correctly adjusted.
(Ord. 2096-84 § 1; Ord. 2301-89 § 6; Ord. 3138-18 § 1)
Every taxicab driver shall maintain, on a form or through an
electronic format approved by the director of public safety, a daily
manifest of all trips made by the taxicab while under his or her control.
The manifest shall include the date, time, place of origin, and destination
of each trip. The manifest shall be maintained for a minimum of two
years and shall be provided to the department of public safety on
request.
(Ord. 2979-12 § 5; Ord. 3073-16 § 1)
It is unlawful for any driver, owner, or sole proprietor to
operate or drive a taxicab that is substantially located in the city
without having first obtained a driver's permit from the director
of public safety. To secure such permission, a prospective taxicab
driver shall file a written application with the director of public
safety, which application shall be accompanied by a nonrefundable
processing fee in an amount to be established by resolution of the
city council. A permit card shall be issued by the director of public
safety, which permit card shall not be transferable. Regardless of
date of issuance, permits are issued for two calendar years and expire
December 31st of the calendar year following issuance. The permittee
shall post the permit card in the taxicab in view of the passengers
therein, during all working hours. Applications for renewal of a driver's
permit must be received by the director of public safety no later
than thirty days before the date of expiration, or the driver will
be assessed a late fee in an amount established by resolution of the
city council.
(Ord. 2096-84 § 1; Ord. 2740-03 § 1; Ord. 2979-12 § 6; Ord. 3073-16 § 1; Ord. 3138-18 §
1)
Any person may apply to the city for a permit to operate a taxicab
by filing with the director of public safety, upon forms supplied
by the city, an application containing the following information:
(a)
Name
(including all aliases or previously used names), address and date
of birth of applicant;
(b)
Whether
or not the applicant has been convicted of a felony and the date of
such conviction;
(c)
Whether
or not the applicant has been convicted of a misdemeanor within five
years prior to application;
(d)
The
endorsement of the franchise owner by whom the applicant is to be
employed as a driver;
(e)
Number,
class and expiration date of state of California driver's license
and agreement that the city may perform an initial and annual review
of the driver's record;
(f)
Whether
a driver's license issued to applicant by any state has ever
been revoked, and the reason for such revocation;
(g)
Such
other information regarding the health, mental stability and experience
of the applicant as may be necessary or desirable to enable the director
of public safety to ascertain applicant's qualifications for
a driver's permit.
(Ord. 2096-84 § 1; Ord. 2824-06 § 10; Ord. 3073-16 § 1)
(a)
Prior
to the issuance of a taxicab driver's permit, the applicant
must demonstrate to the director of public safety or designee:
(Ord. 2824-06 § 11)
Upon receipt of an application for a driver's permit,
the director of public safety shall conduct an investigation of the
applicant and, on the basis of such investigation, shall either approve
or deny the application. No permit shall be issued to any of the following
persons:
(a)
Any
person under the age of eighteen years;
(b)
Any
person convicted of any felony or misdemeanor offense which reasonably
and directly indicates a potential risk to the public, including,
but not limited to, any act of violence, dishonesty, or fraud with
the intent to substantially injure another or substantially benefit
the applicant or another person. With regard to misdemeanors, this
restriction shall apply only to misdemeanor convictions occurring
within five years of the date of application;
(c)
Any
person convicted of hit-and-run driving, of reckless driving, or of
driving a vehicle while under the influence of intoxicating liquor
and/or any drug within two years of the application, or upon conviction
of any two or more of these offenses within five years of the date
of application;
(d)
Any
person not possessing a valid state of California driver's license
of the class required by state law for the operation of taxicab;
(e)
The
application contains fraudulent or misleading statements or omissions
of facts;
(f)
The
applicant is not qualified or able to safely operate a taxicab in
accordance with the laws of the state of California and the requirements
of this chapter;
(g)
The
applicant was not able to demonstrate either proficient knowledge
of the traffic laws of the state of California and the city of Sunnyvale,
or of the streets of the city, or the ability to read, understand
and communicate in English;
(h)
The
applicant has previously applied for a taxicab driver's permit
in the city of Sunnyvale and been denied within two years prior to
the date of current application.
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The restrictions in this section shall apply both to persons
possessing driver's permits and to persons seeking renewal of
such permits.
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(Ord. 2096-84 § 1; Ord. 2824-06 § 12; Ord. 2979-12 § 7)
(a)
Each
holder of a taxicab franchise or taxicab driver's permit shall
maintain a mandatory controlled substance and alcohol testing certification
program conforming to Part 40 of Title 49 of the Code of Federal Regulations
and California Government Code Section 53075.5 for all drivers of
vehicles operated under the franchise. The program shall contain requirements
for rehabilitation, return-to-duty, follow up testing and other requirements
conforming substantially to Part 382 of Title 49 of the Code of Federal
Regulations. No taxicab franchise or taxicab driver's permit
shall be issued or renewed unless proof of this mandatory program
is submitted to the department of public safety.
(b)
No
taxicab franchise shall be issued or renewed unless the holder at
the time of issuance or renewal files with the department of public
safety a certification that each driver of vehicles operated under
the franchise has tested negatively for controlled substances under
a mandatory controlled substance testing certification program conforming
to Part 40 of Title 49 of the Code of Federal Regulations and California
Government Code Section 53075.5.
(c)
No
taxicab driver's permit shall be issued or renewed unless the
applicant and the franchise holder for which the driver is authorized
to operate a vehicle both certify that the driver has tested negatively
for controlled substances under a mandatory controlled substance and
alcohol testing certification program conforming to Part 40 Code of
Federal Regulations and California Government Code Section 53075.5.
Upon the request of a driver applying for a permit, the city shall
provide the driver a list of the consortia certified pursuant to Part
382 (commencing with Section 382.101) of Title 49 of Federal Regulations
that offer tests in or near the city.
(Ord. 2893-09 § 7; Ord. 3138-18 § 1)
(a)
Upon
approval of an application for a driver's permit and upon payment
of the fee in an amount to be established by resolution, the director
of public safety shall issue a permit to the applicant. Such permit
shall bear the name and photograph of the applicant, date of expiration
of the permit, and the name of the licensed franchise owner for which
the driver is authorized to operate a vehicle. Such permit shall be
valid only so long as the driver continues in the employ of such owner,
or for the two-year permit period, whichever is less.
(b)
Upon
the termination of any driver's employment, the owner by whom
such driver has been employed shall immediately give the department
of public safety written notice of such termination, and the reasons
therefor, and shall forthwith surrender the driver's permit
to the director of public safety for cancellation. It is the obligation
of the owner to retrieve the driver's permit from the terminated
driver and to immediately forward the driver's permit to the
department of public safety with the written notice of termination.
(Ord. 2096-84 § 1; Ord. 2301-89 § 7; Ord. 2740-03 § 1; Ord. 3073-16 § 1; Ord. 3138-18 §
1)
Any person issued a driver's permit who subsequently is
convicted of any felony or misdemeanor offense or who ceases to possess
a valid state of California driver's license of the class required
by state law for the operation of taxicabs shall immediately so inform
his or her employer and the director of public safety.
The director of public safety may revoke or suspend any driver's
permit for repeated violations of this chapter, for commission of
any act or acts which would be grounds for a denial of a driver's
permit, if the driver's state of California Department of Motor
Vehicles record includes four or more moving violations within the
preceding twelve-month period, any felony conviction or misdemeanor
conviction of moral turpitude, or if the director of public safety
determines that the driver is a danger to the public safety.
(Ord. 2096-84 § 1; Ord. 2979-12 § 8; Ord. 3138-18 § 1)
Whenever the director of public safety intends to deny an application
or revoke a permit for driving a taxicab, he or she shall give the
applicant or permit holder written notice of intent to deny such application
or to revoke such driver's permit. The notice shall set forth
the grounds upon which such denial or revocation is contemplated,
and shall inform such applicant or permit holder that he or she has
ten days from the date of such notice to file a written request for
a hearing. The application may be denied or the permit revoked if
a request for a hearing is not received within the ten-day period.
If the applicant or permit holder files a timely request for
hearing, the director of public safety shall set a time and place
for such hearing, and shall consider all relevant evidence and testimony
prior to making a decision thereon. The decision of the director of
public safety to revoke a permit or deny an application is final and
no appeal may be made therefrom.
(Ord. 2096-84 § 1)
No duty described in this chapter shall be considered a mandatory
duty for purposes of the California Torts Claim Act, Government Code
Section 815, et seq. Specifically, the failure of the city to inspect
any taxicab or the negligent inspection of any taxicab by the city
shall not create liability on behalf of the city under this chapter,
nor shall the issuance of any franchise or permit nor the failure
to suspend or revoke any franchise or permit.
(Ord. 2096-84 § 1)
(a)
The
director of public safety shall create standard operating procedures
pursuant to Government Code Section 53075.7 to investigate complaints
of unauthorized taxicab operation. These operating procedures may
be revised from time to time by the director.
(b)
In
addition to any other remedies available under this chapter, the city
may institute administrative proceedings to determine if the unauthorized
operation of a taxicab has occurred. The director of public safety,
or designee, shall be the hearing officer. A notice shall be sent
to the violating party at least ten calendar days prior to the hearing
date. Failure of the violating party to attend the hearing shall constitute
a failure to exhaust administrative remedies. After the conclusion
of the hearing, the hearing officer shall issue a written decision
within five calendar days of the hearing date. The hearing officer's
decision shall be final.
(1)
After a hearing and upon finding that any person, firm or corporation
does not have the proper authority to operate a taxicab under this
chapter or has violated the advertising requirements under Government
Code Section 53075.9, the city may impose a fine of not more than
five thousand dollars. The fine shall cover the reasonable expenses
of the investigation.
(2)
The city may also seek to terminate the telephone service of the
violator as an additional remedy. If the termination of telephone
service is sought, the notice and hearing procedures under Government
Code Section 53075.8 shall be followed.
(Ord. 2893-09 § 8)
Any person, firm or corporation violating any provision of this
chapter shall be guilty of a misdemeanor, provided that any violation
may be charged as an infraction at the discretion of the prosecutor.
Each day or portion thereof that such violation continues or reoccurs
shall be a new and separate violation.
(Ord. 2824-06 § 13)
