For the purpose of this chapter, the following terms shall have the meanings respectively set forth in this section.
"Automobile for hire"
includes every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the city, and not over a regular or defined route and irrespective of whether the operations extend beyond the boundary limits of the city or not, excepting vehicles embraced within the term "taxicab" and excepting vehicles of transportation companies as herein defined.
"Taxicab"
includes every automobile or motor propelled vehicle by means of which not more than eight passengers, excluding the driver, are transported for hire upon any public street in the city, and not over a regular or defined route and irrespective of whether the operations extend beyond the boundary limits of the city or not where charge for such transportation is measured by the distance traveled, or by the time required for such transportation, or both, excepting vehicles of transportation companies as herein defined.
"Transportation companies"
as used herein, shall be synonymous with the phrase "transporting company" as defined in that certain Act of the legislature of the state, approved May 10, 1917, providing for the supervision and regulation of the transportation of persons and property for compensation over public highways by automobiles, jitney buses, auto trucks, stages and auto stages, and all amendments to said Act.
(Prior code § 15-2(1)—(3); Ord. 657 § 1, 2011)
It is unlawful to operate or cause to be operated, an automobile for hire, or a taxicab upon any public street within the city, without first having obtained a permit. A permit shall be valid for three years. After three years, the permit holder may apply to the city clerk for a renewal permit.
(Prior code § 15-7; Ord. 657 § 2, 2011)
Any person desiring to obtain the permit required above shall pay a fee as established by the master fee schedule approved by resolution of the city council to the city clerk, and shall make application for the permit to the city council, which application shall set forth:
A. 
The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each;
B. 
A statement as to whether the permit is desired for an automobile for hire, or a taxicab;
C. 
A description of every motor vehicle which the applicant proposes to use, giving:
1. 
Trade name,
2. 
Motor and serial number,
3. 
State license number,
4. 
Seating capacity,
5. 
Body style;
D. 
The street number and exact location of the place or places where the applicant proposes to stand each such automobile;
E. 
A proposed schedule of rates or fares to be charged for carrying passengers in such automobile;
F. 
The distinctive color scheme, name, monogram, or insignia, which shall be used on such automobile;
G. 
If any proposed stand is in the public street, the application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building in front of which such automobile is to be located, and for 25 feet each way therefrom, or if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot;
H. 
Proof of establishment and compliance with a drug testing program, in accordance with Section 5.40.065.
A permit holder seeking to renew a permit shall update any of the information required above at the time of seeking a renewal. Renewal permits may be approved administratively by the city manager after being processed by the city clerk and are not subject to Section 5.40.040. The city manager may deny the permit renewal for any of the reasons specified in Section 5.40.050. However, city council approval may be required if the permit holder requests a change to the permit in accordance with Section 5.40.080.
(Prior code § 15-8; Ord. 657 § 3, 2011)
Upon the receipt of the application referred to above, the city clerk shall set a time, not less than 10 nor more than 30 days thereafter, for the hearing of the application before the city council, and shall give notice of the time so set, at least five days before the date of the hearing, to the applicant, and to any other permit holder hereunder at the address set out in such application, (and by publication if directed by the council).
At the time set for the hearing of such application, the council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity, require the issuance of the permit applied for, and if it be found by the council that the public interest, convenience and necessity, require the issuance of the permit applied for, it shall by resolution order the city clerk to issue a permit in accordance with the application, subject to the filing and approval of an undertaking as hereinafter provided.
(Prior code § 15-9 (part))
The following reasons shall be sufficient for denial of the permit:
A. 
That the application is not in the form, and does not contain the information required to be contained therein as provided herein;
B. 
That the vehicle or vehicles described therein are inadequate or unsafe for the purposes for which they are to be used;
C. 
That the color scheme, name, monogram, or insignia to be used upon such automobile, shall be in conflict with or imitate any color scheme, name, monogram or insignia used by any person, firm or corporation, in such manner as to be misleading or tend to deceive or defraud the public;
D. 
That the location of the stand, as therein stated, is such as to congest or interfere with travel on any public street, or that the proposed stand is within 300 feet of any other stand theretofore fixed by the council of the city on the same street;
E. 
That the applicant has, at some prior time, had a permit for the operation of automobile for hire, or taxicab, revoked for reason;
F. 
That it shall appear to the council that there are a sufficient number of taxicabs and automobiles for hire in the city, to fully serve the public, and that the granting of more permits would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity, do not require the issuance of such permit;
G. 
That the permit holder does not have a drug and alcohol testing program established in compliance with Section 5.40.065 or has only one driver and such driver has tested positive for controlled substances.
(Prior code § 15-9 (part); Ord. 657 § 4, 2011)
Before a permit shall be issued by the city clerk, the applicant to whom a permit shall have been awarded by the council as aforesaid, shall deliver to the council proof of financial responsibility as required by California Vehicle Code Section 16500, or any successor statute thereto.
(Prior code § 15-10; Ord. 601 § 1, 2003)
The permit holder shall establish a mandatory controlled substance and alcohol testing certification program for all drivers prior to issuance of a permit and through the duration of the permit that is in compliance with Government Code Section 53075.5, as that section may be amended or renumbered in the future, including the requirement that drivers shall test negative for controlled substances prior to employment and test negative for both controlled substances and alcohol as a condition of permit renewal. The permit holder may adopt a program that is more restrictive than the terms of Section 53075.5.
(Ord. 657 § 5, 2011)
The following rules and regulations shall be observed by all persons operating taxicabs or automobile for hire, and it is unlawful to operate such taxicab or automobile for hire in violation of any of the following rules:
A. 
Any person operating a taxicab shall wear a distinctive hat or cap with a badge in plain sight inscribed with the name of the person to whom the permit has been issued. This section shall not apply to an individual whom a permit has been issued when driving his or her own car.
B. 
No automobile for hire or taxicab shall remain standing upon any portion of any public street within the city except for loading and unloading passengers, and then not for a period of more than five minutes, excepting such stand as may be designated by the council and described in the application for permit. This section shall not apply to any automobile for hire or taxicab while the same is engaged by and being paid for by a passenger.
C. 
No operator or owner of any automobile for hire or taxicab shall solicit or take on or carry any passenger or passengers after such automobile for hire or taxicab shall have been engaged or while in use for another passenger, without the consent of the passenger first engaging the same, having been first obtained. A passenger or passengers engaging such automobile shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he or she desires the same.
D. 
The operator of any taxicab shall carry any passenger engaging the same safely and expeditiously to his or her destination by the most direct and accessible route.
E. 
No owner or operator of any automobile for hire or taxicab shall solicit patronage for the same from the vehicle or within 100 yards therefrom, upon any public street, save and except at railroad and interurban depots and within the boundaries of the space to be designated by the chief of police for such purpose.
F. 
All automobiles for hire and taxicabs shall be kept in good mechanical condition. The permit holder must submit an annual inspection from a certified mechanic for each vehicle to the city no later than January 31st of each year.
G. 
No taxicab or automobile for hire shall be operated by any person under the age of 21 years, or by any person who does not have a valid driver's license issued by the state, or by any person under the influence of intoxicating liquors, or by any person while using tobacco in any form, or who is for any reason whatsoever unable or incompetent to safely handle such automobile, or by any person in violation of any law or ordinance now in force or that may be hereafter enacted.
H. 
No owner or operator of any automobile for hire or taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public or other persons engaged in the same business, and the council shall be the sole judge of what constitutes fraud or unfair competition under the provisions herein. Any complained of and sworn to by violation of this section shall only be heard upon written complaint specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths.
I. 
Every taxicab shall have posted in the passenger's compartment, a schedule of rates and charges for the hire of the vehicle, and a copy of this section.
J. 
Every automobile for hire and taxicab shall be equipped with a light of not less than two candlepower within such vehicle, so arranged as to illuminate the whole of the passenger compartment, which light shall be constantly lighted at all times while any passenger is in such vehicle (except when the same is in motion) from one-half hour after sunset of any day until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of an automobile for hire or taxicab while any passenger is in such vehicle.
K. 
No charge shall be made by any operator or owner of taxicab or automobile for hire in excess of the rates posted in the passenger compartment of the car and approved by the council.
L. 
No automobile for hire or taxicab shall be operated unless the passenger compartment be kept clean and in a sanitary condition.
M. 
No automobile for hire shall be designated as a "taxi" or "taxicab," or by any word or phrase using the words "taxi" or "taxicab" in any sign or advertising matter.
(Prior code § 15-11; Ord. 600 § 1, 2003; Ord. 657 § 6, 2011)
In the event that any permit holder desires to change his or her schedule of rates and charges or the color scheme, name, monogram or insignia used on such automobile for hire or taxicab, or to substitute any vehicle for and in place of the vehicle or vehicles described in the application for permit, or to increase or decrease the number of vehicles used by him or her as automobile for hire or taxicab, he or she shall make application for permission to do so from the council, which permission shall be granted, if in the discretion of the council, it deems the public interest, necessity and convenience will be subserved by such change, and if the permit holder has complied with all provisions herein.
(Prior code § 15-12)
It is unlawful for any person to refuse to pay the legal fare for the hire of any automobiles for hire or taxicabs with the intent to defraud the person from whom it is hired.
(Prior code § 15-13)
Any permit granted under the provisions herein may be revoked by the council either as a whole or as to any car or cars described therein, or as to the right to use any distinctive color, monogram or insignia, after 30 days' notice to the permit holder, requiring him or her to appear at a certain time and place to show cause why the permit should not be revoked for any of the following reasons:
A. 
That the undertaking provided for in Section 5.40.060 has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason;
B. 
For the nonpayment for any license fee provided by ordinance of the city;
C. 
For failure to observe any of the rules and regulations or provisions set out herein;
D. 
For the violation of any of the laws of the state or ordinances of the city, by any permit holder, operator or driver of an automobile for hire or taxicab;
E. 
For failure to maintain satisfactory service to the public by means of any of the vehicles described in the permit or for failure to keep any car described in the permit in use for an unreasonable length of time, or for failure to use the distinctive color, monogram or insignia, described in the application;
F. 
For any cause which in the opinion of the council makes it contrary to the public interest, convenience and necessity for the permit to be continued;
G. 
For failure to comply with Section 5.40.065.
All permits for automobiles for hire or taxicabs in the city shall be automatically revoked 60 days after the ordinance codified in this chapter takes effect but any person owning such permit shall be entitled to a new permit under the terms herein providing application is made therefor under the terms herein within 30 days after the same takes effect and providing the applicant complies with the terms thereof, and no fee shall be required to be paid with such application made by the present owner of a permit.
No person shall be entitled to hold more than one permit at a time, either as individual, member of copartnership, stockholder or officer of a corporation, or under fictitious name, or otherwise.
(Prior code § 15-14; Ord. 657 § 8, 2011)