It is unlawful for any person, firm, or corporation to operate
any taxicab business, or for any owner or driver to operate or drive
any taxicab except in compliance with the provisions of this chapter.
(Ord. 10-03 §1)
For purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Certificate.
"Certificate" means a certificate of public convenience
and necessity issued by the Regional Taxi Authority.
Driver.
Every person in charge of operating any taxicab, either as
owner, agent, employee, or otherwise, or under the direction of an
owner.
Owner.
Every person, firm, or corporation that owns or has contracted
for the use or control of any taxicab, whether as owner, lessee, or
otherwise.
Regional Taxi Authority Area.
"Regional Taxi Authority Area" means the land
areas under the jurisdiction of the member entities of the Regional
Taxi Authority.
Taxicab.
A passenger automobile equipped with a taximeter and used
for transportation of passengers over public streets and highways
but not over a defined route and irrespective of whether the travel
extends beyond the City limits, and operated at rates per mile or
waiting time, or both.
Taximeter.
A mechanical or electronic instrument or device by which
the charge for hire of a taxicab is mechanically or electronically
calculated based on rates established by the Regional Taxi Authority,
either for distance traveled, for waiting time, or both, and upon
which the charges are plainly registered by means of figures indicating
dollars and cents.
Taxistand.
A place on public property or streets approved by the City
as a place where taxicabs may park and wait for hire.
(Ord. 10-03 §2)
No person shall engage in the business of operating any taxicab
business within the City without first having obtained a Certificate
of Public Convenience and Necessity (Certificate) from the Regional
Taxi Authority and an owner's permit. The Regional Taxi Authority
shall determine, whether the number of taxicabs operating in the Regional
Taxi Authority Area meets the needs of the general public, and shall
issue a certificate to any taxicab business only if it finds the public
convenience and necessity support the addition of more taxicabs operating
within the Authority Area.
(Ord. 10-03 §3)
Every person holding an owner's permit under the provisions
of this chapter shall regularly and daily operate the taxicab business
from taxi stands within the City to the extent reasonably necessary
to meet public demand for such service on a 24 hour a day basis. Failure
to comply with this provision shall constitute abandonment of service
and the Regional Taxi Authority, after a noticed public hearing, may
revoke the owner's permit if a violation of this section is
demonstrated.
(Ord. 10-03 §4)
All taxicabs authorized to operate with the City shall be properly
licensed with the California Department of Motor Vehicles, and shall
further comply with all State and local laws and regulations relating
to the licensing and commercial operation of taxicabs. All taxicabs
shall be registered under the firm name or the name of the individual
holding the owner's permit.
No vehicle used or intended to be used in taxicab service in
the City shall be rented to any owner or driver unless such owner
or driver has obtained the appropriate permit(s) pursuant to this
chapter.
(Ord. 10-03 §5)
All taxicabs authorized to operate within the City shall, and
by acceptance of the Regional Taxi Authority taxicab permit, agree
to hereby indemnify, defend and hold the Regional Taxi Authority,
its member jurisdictions, their officers, employees and agents harmless
from any and all damages, claims, liabilities, costs, suits, or other
expenses resulting from and arising out of their taxicab operations.
It is unlawful to drive or operate any taxicab in the City unless
the vehicle owner possesses current, valid commercial general liability
and vehicle liability in amounts and with conditions acceptable to
the Regional Taxi Authority and evidenced through certificates of
insurance filed with the Authority.
The owner's insurance shall remain in full force, at a
level at least equal to the minimum requirements of the Authority,
or the owner's permit shall automatically be suspended until
such time as full compliance with the requirements of this section
are demonstrated to the Authority's satisfaction.
(Ord. 10-03 §6)
The Board of the Regional Taxi Authority, upon its own motion
or upon application of an owner's permit holder, may set, establish,
change, modify or amend the schedule of rates to be charged by all
vehicles operated by each holder of an owner's permit under
the provisions of this chapter. No rates shall be set, established,
changed, modified or amended without a public hearing before the Board.
Notice of such hearing shall be given to each owner's permit
holder, in writing, by the Board at least five days before such hearing,
and the Board may give such other notice as it shall deem necessary.
Fares shall be conspicuously displayed in the passenger compartment
of each taxicab where it is readily visible and readable by passengers
in front and rear seats.
The taxicab rate or fare shall be determined by a taximeter
in accordance with the schedule established by the Regional Taxi Authority.
Following public hearing as required herein, the Authority shall establish
the rate or fare by resolution.
It is unlawful to fix, charge, or collect a rate in excess of
the rate schedule approved by the Regional Taxi Authority.
(Ord. 10-03 §7)
No owner or driver shall operate, permit to be operated, or
cause to be operated, any motor vehicle for hire while the same or
any of the equipment used thereon or therewith is in a defective,
unsafe or unsanitary condition.
(Ord. 10-03 §8)
Every taxicab operated in the City shall have displayed on each
side and the rear of the vehicle the taxicab business name as it appears
on the owner's permit, together with the owner's identification
number and the telephone number of the taxicab business. The lettering
of the signs and all signs to be displayed on any taxicab shall be
approved by the Regional Taxi Authority.
(Ord. 10-03 §9)
Every taxicab shall be equipped with a "For Hire"
light attached to the top of the roof or to the top of the dome light.
The light of the "For Hire" light unit shall be connected
to a contact switch attached to the taximeter, and such contact switch
shall operate automatically to illuminate the "For Hire"
light when the taximeter is not in operation, indicating the cab is
vacant and for hire, and to extinguish such light when the taximeter
is in operation. No person shall drive or operate any taxicab with
such a light illuminated while carrying passengers for compensation;
or drive or operate any taxicab unless such a light is illuminated
when such taxicab is for hire.
(Ord. 10-03 §10)
Every motor vehicle for hire shall at all times be equipped
with a light of not less than two candlepower within such vehicle,
so arranged as to illuminate the entire passenger compartment, which
light shall be kept constantly lighted at all times while any passengers
are being loaded into or unloaded from any such vehicle from 1/2 hour
after sunset of any day until 1/2 hour before sunrise of the next
day, and no shades or blinds shall be drawn over the windows of any
such vehicle while the same is occupied.
(Ord. 10-03 §11)
All taxicabs shall submit to an annual inspection as required
by the Regional Taxi Authority. All taxicabs shall possess all of
the equipment listed on the Regional Taxi Authority Taxicab Safety
Inspection Checklist, and all such equipment shall be in good working
order and repair. The Authority shall establish the standard for good
working order.
Upon satisfactory completion of such inspection, the Regional
Taxi Authority shall issue and affix an approval decal or sticker
to the taxicab that authorizes the operation of the vehicle for a
one year period. All decals issued by the Authority shall be displayed
at the rear of the vehicle on the driver's side rear window.
It is unlawful to transfer the decal or sticker to any other vehicle,
and no taxicab shall be operated without a valid decal or sticker
properly displayed.
Any law enforcement officer shall have the right and shall be
permitted at any time to inspect any taxicab to ascertain whether
the provisions of this chapter are being met. During an inspection,
the driver of the taxicab shall produce for inspection the following
documents: (1) valid California vehicle registration; (2) valid proof
of insurance document; and (3) a valid California driver's license.
The Regional Taxi Authority shall establish a taxicab safety
inspection fee that shall be due annually upon inspection.
Any taxicab that fails any safety inspection shall be given
an opportunity to make repairs or correct defects and be re-inspected.
Any such taxicab failing an inspection shall be removed from service
until such time as compliance is met. A safety inspection is "failed"
if any law enforcement officer or Regional Taxi Authority or City-designated
mechanic determines the vehicle is not in compliance with the provisions
of this chapter or any required inspection program established by
the Authority, or if the taxicab is unsafe, unsanitary, or unsightly.
Any such taxicab shall be removed from service until such conditions
are corrected. Such vehicle shall be re-inspected prior to being returned
to service.
Should a law enforcement officer or a Regional Taxi Authority
employee determine that a taxi should be removed from service, such
person is authorized to remove the decal or sticker designating that
the taxi is authorized to operate. When the taxi has satisfactorily
passed an inspection, a new decal or sticker will be issued by the
Regional Taxi Authority and a nominal fee will be charged for the
new decal or sticker.
(Ord. 10-03 §12)
A. The
City Council may, by resolution, locate and designate taxicab stands
on any public street in the City, which stands, when so established,
shall be appropriately designated, "Taxis Only."
Taxicab stands so established shall be in operation during the
hours designated by the City Council.
B. If designated
taxicab stands are so established, no owner, driver or operator of
any taxicab shall allow such taxicab to remain parked, while awaiting
employment, except in a regularly established taxicab stand. Taxicabs
may park in any available parking space when actually engaged in loading
or unloading passengers if permitted by ordinance.
(Ord. 10-03 §13)
No taxicab driver, or person acting on behalf of any such driver,
shall solicit passengers except from an approved taxicab stand.
(Ord. 10-03 §14)
No taxicab shall be allowed to remain standing on a public street
or in a public place unless it is attended by a driver, except when
the driver is assisting passengers to load or unload, is answering
his or her telephone or displays a sign reading "Not for Hire."
(Ord. 10-03 §15)
A. No driver,
or any person acting on behalf of any such driver, shall engage in
any disorderly or inappropriate conduct while in the performance of
his or her duties as a taxicab operator, including, but not limited
to, obstruction of any street or sidewalk, making of loud or unusual
noises to attract the attention of potential customers, use of indecent,
profane, or obscene language, boisterous or loud talking that might
disturb the peace and quiet of others in the area, harassment of passersby,
interference with, obstruction of, or impeding of the free passage
of potential passengers, or seizing or grabbing any baggage carried
by or belonging to potential passengers prior to being hired to provide
transportation.
B. No taxicab
driver shall smoke or permit any smoking to occur within any taxicab
at any time. No smoking signs shall be prominently displayed in every
taxicab.
(Ord. 10-03 §16)
Taxis that have been permitted by the Regional Taxi Authority
can pick up passengers within and between the Authority Area. Taxis
authorized to operate in other jurisdictions not participating in
the Regional Taxi Authority may drop off but not pick up passengers
within the Authority area.
(Ord. 10-03 §17)
The driver of each taxicab shall keep a separate tripsheet of
every service rendered by the driver, and shall include the following
information: (1) the location where the passenger(s) entered the taxicab;
(2) the number of passengers; (3) the time the passengers entered
the taxicab; (4) the location where the passengers were discharged;
and (5) the amount of fare collected.
The owner of every taxicab shall keep such tripsheets in the
business office for a period of one year after the date service is
rendered, and they shall be open and available for inspection by any
representative of the Regional Taxi Authority at all times during
business hours. The falsification of any tripsheet by any owner or
driver shall be grounds for revocation of his or her permit.
(Ord. 10-03 §18)
A. The
owner of every taxicab business shall keep a dispatch sheet which
shows the time of dispatch of every taxicab. Every owner and every
employer of taxicab drivers, including self-employed drivers, shall
keep and maintain a complete and accurate record of all drivers, which
record shall show for each employee his or her name, address, date
of hire, date of termination, the number of the taxicab operated by
the driver, the hours of employment for each driver, a list of absences
from employment, and all motor vehicle violations, all traffic accidents,
all complaints received from passengers or others, and the test results
from controlled substance and alcohol testing. These records shall
be subject to inspection by the Regional Taxi Authority at any time
upon demand, and shall not be destroyed without the written permission
of the Authority.
B. Every
taxicab owner and employer of taxicab drivers shall notify the Regional
Taxi Authority in writing within five working days upon termination
of employment of any taxicab driver.
(Ord. 10-03 §19)
A. All
property found in taxicabs not belonging to the driver or the taxicab
owner shall be delivered to the Monterey-Salinas Transit within 24
hours of discovery unless otherwise returned to the rightful owner.
Every owner shall keep a log of all found property.
B. Every
owner and driver shall attempt to return found property to any person
claiming to have lost or left property in a taxicab. If the lost property
is not found, the owner and driver shall advise the passenger to file
a lost property report with the Police Department within the jurisdiction
of the drop-off point.
(Ord. 10-03 §20)
A. No driver
of any taxicab shall refuse to carry any person seeking transportation
and tendering the fare for the service within the City unless the
vehicle is already in service, the person seeking transportation is
unruly, boisterous, or intoxicated, or where the person seeking transportation
is known to the driver to have been unruly, created problems of a
confrontational nature or refused full payment in the past.
B. The
Regional Taxi Authority shall be responsible for maintaining files
of and investigating complaints regarding taxicab service and shall
initiate appropriate action against taxicab drivers and owners when
a complaint or complaints warrant such action.
(Ord. 10-03 §21)
A. No person
shall engage in the business of operating any taxicab within the City
without first having obtained an owner's permit from the Regional
Taxi Authority, except as otherwise provided in this chapter.
B. An owner's
permit shall be required for each additional or different taxicab.
C. If a
permittee wishes to substitute one vehicle for another, he or she
shall file an application with the Regional Taxi Authority who shall
cause the taxicab to be submitted to a normal safety inspection, and
if the vehicle passes, an approval decal or sticker will be affixed
to the substitute taxicab and the decal or sticker will be removed
from the original vehicle.
D. Owner's
Permit Application—Application Fee. All persons or businesses
applying for an owner's permit under this chapter shall file
with the Regional Taxi Authority an application, under penalty of
perjury, including the following information:
1. The
name, residence and business addresses of the applicant.
2. Social
security numbers, driver's license numbers, and dates of birth
for all persons named in the application. If the applicant is a partnership
or corporation, then the information shall be provided for each partner
or corporate officer.
3. Fictitious
name under which the business is proposed to operate.
4. Whether
any license, permit, or certificate sought by the applicant has been
denied, revoked, or suspended by any public agency, explaining in
full the circumstances of any denial, revocation, or suspension.
5. The
number and type of vehicles proposed to be operated in the business,
including year, make, model, license number, VIN, and company assigned
taxicab number.
6. The
color, name, monogram of insignia to appear on the vehicles.
7. A
complete schedule of fares or rates to be charged and services to
be operated, demonstrating compliance with existing fares and rates
as established by the Regional Taxi Authority.
8. The
location where the business will be operated, including dispatch facilities,
storage facilities, repair and maintenance facilities, and fuel dispensing
operations.
9. Copies
of required insurance policies or if not yet issued, a written statement
from an insurer that such policies will be issued if the application
is granted.
10. A statement as to whether any applicant, partner, or corporate officer,
has been convicted of any misdemeanor or crime, or violation of any
municipal ordinance other than minor parking and traffic offenses,
the nature of the offense and the punishment or penalty assessed.
11. The facts upon which the applicant believes tends to prove that public
convenience and necessity require the granting of a permit.
12. Such other information as the Regional Taxi Authority may deem necessary
for promotion of the public health, safety, and welfare.
The Regional Taxi Authority shall establish an owner's
permit application fee that shall accompany any such application.
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E. Owner's
Permit Application Process. Upon receipt of an application for an
owner's permit under this chapter, the Regional Taxi Authority
staff shall undertake a preliminary investigation to verify the criminal
history information submitted by the applicant and shall submit the
applicant's fingerprints to the State of California for criminal
history review.
The Regional Taxi Authority shall review the application and
the recommendation from the Authority staff to determine if it appears
there is a need and necessity for the taxicab services proposed, and
whether the applicant is of suitable character to provide such services.
The Regional Taxi Authority may require the applicant to provide financial
information and other documentation to demonstrate the ability to
appropriately and lawfully operate the taxicab business proposed.
The application shall be reviewed by the Regional Taxi Authority
at a noticed public hearing. The Regional Taxi Authority shall approve
any such application only if the following findings are first made:
1. The
applicant is financially responsible as determined by the Regional
Taxi Authority.
2. The
applicant is of good moral character consistent with federal, State,
and local laws for the public services that will be provided by the
owner.
3. Existing
taxicab businesses are not adequately serving the public with respect
to taxicab services.
4. Such
additional taxicab service will not result in a greater hazard to
the public or create substantial traffic or parking problems.
The application shall be denied if any of the following findings
are first made:
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1.
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The public convenience and necessity do not require the proposed
service.
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2.
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The application fails to contain any of the required information
as set forth above.
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F. Suspension
or Revocation of Owner's Permit. The Regional Taxi Authority
shall have the power to suspend or revoke any owner's permit
to operate a taxicab for a violation of any of the provisions of this
chapter or any ordinance relating to traffic or use of streets; for
a failure to pay any judgment for damages arising from the unlawful
or negligent operation of the public motor vehicle for which any owner's
permit was issued; for conduct on the part of any owner which is not
conducive to proper service to the public, or to proper relationships
with any competitive owner; or for, but not limited to, any of the
following reasons:
1. Providing
late, false, or inaccurate information in the owner's permit
application; or
2. Allowing
operation of a taxicab by a driver not possessing a valid Regional
Taxi Authority Driver permit stating that the driver is affiliated
with the permittee; or
3. Failure
to comply with the Authority's regulations; or
4. Failure
of authorized drivers to comply with the Authority's regulations;
or
5. Operation
of any taxicab at a rate higher than the authorized fares; or
6. Failure
to comply with the participating jurisdictions' law enforcement
officers, code enforcement officers, Authority staff, and/or California
Highway Patrol; or
7. Operating
its business without the insurance required in these regulations;
or
8. Failure
to comply with the drug and alcohol policy requirements in these regulations;
or
9. Failure
to fully satisfy any court judgment entered against the company arising
from liability for operating cabs, including but not limited to, judgments
related to collisions or operating without the requisite insurance,
within 15 years after the judgment was originally entered; or
10. Being held liable under any judgment, decision or determination by
any public or regulatory agency for operating cabs without the requisite
insurance after the adoption of these regulations.
G. Transferability. No owner's permit issued under this chapter shall be assignable or transferable without the prior approval of the Regional Taxi Authority. Prior to presenting the proposed assignment or transfer to the Authority, the transferee shall first submit a statement with the Authority staff setting forth the information required to be furnished on an original application as set forth in subsection
D of this section. The Authority shall investigate the transferee in the same manner as a new applicant and make a recommendation to approve or disapprove the transfer to the Regional Taxi Authority Board of Directors within 45 days after the statement is received.
(Ord. 10-03 §22)
A. It is
unlawful for any person to operate any taxicab in the City unless
he or she has a valid taxicab driver's permit issued by the
City.
The Regional Taxi Authority shall administer and maintain taxicab
driver's permits and records taxicabs operating in the City.
B. Taxicab
Driver's Permit Application—Process. Application for a
taxicab driver's permit shall be filed with the Authority, along
with any fee(s) as established by the Regional Taxi Authority for
the issuance of such permit. The application shall be in writing and
made under penalty of perjury. The Authority shall undertake a preliminary
investigation to verify the criminal history information submitted
by the applicant and shall submit the applicant's fingerprints
to the State of California for criminal history review. Any information
submitted in the application that is false, or any required information
that is omitted, shall result in denial of the permit.
The application shall include but not be limited to the following
information:
1. The
name, age, and address of the applicant.
2. Past
experience operating motor vehicles generally and taxicabs specifically.
3. The
names and addresses of former employers during the preceding three
year period.
4. The
places of residence during the preceding three year period.
5. Whether
or not a driver's license issued to the applicant has ever been
revoked or suspended.
6. A
copy of the applicant's current driver's license and a
DMV H-6 Driving Record and Vehicle Registration Report.
7. An
endorsement of the owner of the taxicab business for whom the applicant
seeks to drive a taxicab.
8. Proof
of the applicant's negative test results for controlled substances
and alcohol.
Upon the request of an applicant, the Regional Taxi Authority
shall provide a list of the consortia certified pursuant to Part 382
(commencing with Section 382.101) of Title 49 of the Code of Federal
Regulations that the Authority knows offers controlled substance and
alcohol tests in Monterey County.
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C. Taxicab
Driver's Permit Application Fee. An application for a taxicab
driver's permit shall be made to the Regional Taxi Authority,
and at the time of filing such application, a fee in an amount to
be set by resolution shall be paid to the Regional Taxi Authority;
provided that such fee shall include the amount set by the State to
cover the cost of processing such applications.
D. Taxicab
Driver's Permit Requirements and Prohibitions. No taxicab driver's
permit shall be issued to any person who:
1. Is
under age 21 at the time of application.
2. Fails
to provide documentation of either citizenship or employment authorization
as required by the Immigration and Reform Control Act of 1986 (8 USC
§ 1324a).
3. Has
been convicted of a felony.
4. Has
been convicted of any offense specified in the CA
Vehicle Code involving
reckless driving or alcohol or drug offenses except convictions more
than seven years old or whose convictions have been expunged or set
aside pursuant to satisfactory completion of a Court approved diversion
program.
5. Has
been convicted of two or more violations of the offenses set forth
in Sections 22349 through 22352 of the California
Vehicle Code, and
amendments thereto, or any combination of either or any of such offenses
within one year immediately preceding submittal of an application
for or renewal of a driver's permit.
6. Fails
to possess a valid driver's license suitable for operation of
a taxicab.
7. Has
received a positive test result in any random test for controlled
substances or alcohol within the past 12 months.
8. Provides
false or materially incomplete information required for issuance of
the permit.
9. Has
been convicted of an offense which requires registration pursuant
to CA
Penal Code Section 290.
10. Has been convicted within five years of an offense involving the
sale of a controlled substance even if expunged pursuant to CA Penal
Code Section 1203.4.
11. Has been convicted within five years of any offense involving the
use of force or violence upon another person.
12. Has been convicted of more than one violation of driving while under
the influence of any drug or alcohol within the past seven years prior
to application.
13. Is on parole or probation for a crime, and the crime is substantially
related to the qualifications, functions, or duties of a taxicab driver
in a potentially negative manner.
14. Has had a taxicab driver's permit issued by any jurisdiction
revoked within the past three years.
15. Fails to provide a medical clearance that meets the standard set
forth by the California Department of Motor Vehicles, Motor Carrier
Safety Regulations (49 CFR 391.41—391.49). This is satisfied
by providing a completed Medical Examination Report for Commercial
Driver Fitness Determination form or a Medical Examiner's Certificate
issued by the California Department of Motor Vehicles.
Every taxicab driver's permit issued pursuant to this
article shall set forth the name of the owner for whom such driver
is authorized to operate a taxicab, and shall be valid only so long
as the driver continues to drive for such owner.
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All drivers of taxicabs shall display their taxicab driver's
permit in a conspicuous place in the passenger compartment of the
taxicab whenever the taxicab is being used to transport passengers.
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E. Issuance
of Permits. The Regional Taxi Authority shall investigate the applicant
for a taxicab driver's permit under this article, and after
such investigation shall either grant or deny the permit. Any person
whose application has been denied may, within 10 days after such denial,
request that the denial of his or her application be reviewed by the
Regional Taxi Authority Board of Directors. The Authority Board of
Directors shall investigate such applicant and may, after a hearing,
either grant or deny such permit.
F. Renewal
of Permit—Termination. All taxicab drivers' permits issued
pursuant to this article expire annually on their anniversary date
unless earlier terminated, suspended, or revoked pursuant to the provisions
set forth herein.
Drivers may renew their permit if still qualified to operate
a taxicab by meeting all the permit requirements set forth in this
article for new taxicab driver's permits, including, but not
limited to, passing the test for controlled substances and alcohol.
Taxicab driver's permits are void upon termination of
taxicab driver's employment with the owner listed on their permit.
Each driver shall return the permit to the Regional Taxi Authority
upon such termination.
It is unlawful to transfer any taxicab driver's permit
to any other person.
G. Suspension
of Permit. Either the Regional Taxi Authority or the Chief of Police
shall have the authority to immediately suspend any taxicab driver's
permit in the event the holder is arrested, charged, or cited for
any violation of the CA
Vehicle Code. The Regional Taxi Authority
may suspend or refuse to renew any taxicab driver's permit if
the driver is:
1. Convicted
of, or has plead guilty or nolo contendere to, the violation of any
law within the last five years involving the commission of a misdemeanor,
including, but not limited to, any sexual offense; the illegal use,
possession or distribution of drugs or other controlled substances;
any charge involving robbery, theft, stolen property, assault, battery;
or any crime involving moral turpitude that occurred within the past
five years;
2. Convicted
of driving recklessly or while under the influence of alcohol or controlled
substances;
3. Has
his or her driver's license suspended or revoked;
4. Found
to test positive for any controlled substance or alcohol during any
test;
5. Found
to have violated any provision of this chapter; or
6. Found
to have provided false information or omitted information required
on a taxicab driver's permit application.
Any driver whose permit has been suspended may, within 10 days,
file an appeal with the Regional Taxi Authority Board of Directors.
If no appeal is received within 10 days, the taxicab permit shall
be considered revoked and there will be no further right to an appeal,
unless the Regional Taxi Authority finds that there are reasonable
grounds for failing to appeal within the 10 day period. The Board
of Directors shall hold a duly noticed public hearing appeal within
60 days from receiving the appeal, unless the taxicab driver agrees
to an extension or requests an expedited hearing. If an expedited
hearing is requested, the Regional Taxi Authority shall endeavor to
set an earlier date for the hearing but is not required to set an
earlier date.
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The hearing shall comply with the applicable provisions for
the protection of the due process rights of the taxicab driver and
the taxicab driver will be given the opportunity to be heard. The
Regional Taxi Authority Board of Directors shall adopt rules for conducting
the hearing in compliance with applicable due process procedures.
The Board shall either grant or deny the appeal based on substantial
evidence and shall support its decision with factual findings, in
writing. The decision of the Board will issue within 10 days of the
conclusion of the hearing and will be final. If the Board upholds
the appeal, the taxicab driver's permit shall be reinstated.
If the Board denies the appeal, the taxicab driver's permit
shall be revoked and may only be reinstated as set forth in this chapter.
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A taxicab driver shall not operate a taxicab during the time
period in which the driver's permit is suspended. The Regional
Taxi Authority may, but is not required to, issue a temporary permit
as set forth below, which will allow the taxicab driver to temporarily
operate until such time as the Regional Taxi Authority Board of Directors
has issued a final decision. In order to issue such a permit, the
Regional Taxi Authority must, in addition to the requirements set
forth in this section, make the findings that the public safety and
health will not be harmed by the issuance of a temporary driver's
permit and unusual circumstances exist which require the issuance
of a temporary driver's permit.
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H. Temporary Permits. The Regional Taxi Authority, in its sole discretion, may grant a temporary permit to drive or operate any taxicab, pending final action on any application for a permanent taxicab driver's permit as provided in this chapter, but no such temporary permit may be issued to any person who does not have a valid driver's license issued by the State, who is not employed or possessing a written offer of employment as a taxicab driver in the City, or who has not provided evidence of negative controlled substance and alcohol testing as required by Section
5.18.240 of this chapter.
I. Records
to Be Kept by the Regional Taxi Authority. The Regional Taxi Authority
shall keep a record of each driver granted a taxicab driver's
permit under the provisions of this chapter, which record shall contain
the full name, age, residence, places of residence for two years preceding
the date of application, race, weight, height, color of eyes and hair,
fingerprints, place of birth, places of previous employment covering
three years preceding the date of application, whether the driver
has ever been convicted of a felony or of a misdemeanor, and whether
he or she has ever been previously licensed as a driver, and if so,
whether his or her license has ever been revoked and for what cause.
(Ord. 10-03 §23)
A. Each
taxicab driver shall test negative for each of the controlled substances
specified in Part 40 (commencing with Section 40.1) of Title 49 of
the Code of Federal Regulations, before employment. Each driver shall
test negative for these controlled substances and for alcohol as a
condition of the driver's annual permit renewal. As used in
this section, a negative test for alcohol means an alcohol screening
test showing a breath alcohol concentration of less than 0.02 percent.
B. Testing
procedures shall be substantially as set forth in Part 40 (commencing
with Section 40.1) of Title 49 of the Code of Federal Regulations,
except that each driver shall show a valid California driver's
license at the time and place of testing, and except as provided otherwise
in this section. Requirements for rehabilitation and return-to-duty
and follow-up testing and other requirements, except as provided otherwise
in this section, shall be substantially as set forth in Part 382 (commencing
with Section 382.101) of Title 49 of the Code of Federal Regulations.
C. A test
in one jurisdiction shall be accepted as meeting the same requirement
in the City or in any other jurisdiction. Any negative test result
shall be accepted for one year as meeting a requirement for periodic
permit renewal testing or any other periodic testing in the City or
any other jurisdiction, if the driver has not tested positive subsequent
to a negative result. However, an earlier negative result shall not
be accepted as meeting the pre-employment testing requirement for
any subsequent employment, or any testing requirements under the program
other than periodic testing.
D. In the
case of a self-employed independent driver, the test results shall
be reported directly to the Regional Taxi Authority, and the Authority
shall notify the taxicab leasing company of record, if any, of positive
results. In all other cases, the results shall be reported directly
to the driver's employer, who shall immediately notify the Authority
of the results.
E. All
tests are confidential and shall not be released without the consent
of the driver, except as authorized or required by law.
F. Self-employed
independent drivers shall be responsible for compliance with, and
shall pay all costs of, this program with regard to themselves. In
all other cases, taxicab owners and employers of drivers shall be
responsible for compliance with, and shall pay all costs of, this
program with respect to their employees and potential employees, except
that an employer may require employees who test positive to pay the
costs of rehabilitation and of return-to-duty and follow-up testing.
G. Taxicab
owners, employers of drivers, and self-employed independent drivers
shall pay all service charges, fees, or assessments established by
the Regional Taxi Authority with respect to the owner's employees
and potential employees in an amount sufficient to pay for the Authority's
costs of carrying out the mandates of this section.
H. No evidence
derived from a positive test result pursuant to the program shall
be admissible in a criminal prosecution concerning unlawful possession,
sale or distribution of controlled substances.
I. For
purposes of this section, "employment" includes self-employment
as an independent driver or owner/operator of a taxicab.
(Ord. 10-03 §24)
A. Required
in Taxicabs. No person shall operate any taxicab in the City until
such taxicab is equipped with a taximeter of a type and design which
has been approved by the Regional Taxi Authority.
All taxicabs operated under the authority of this chapter shall
be equipped with taximeters which conform to all applicable State
of California laws and regulations and shall be inspected, sealed,
and certified by the County Department of Weights and Measures.
B. Inspection
Required—Removal of Vehicle With Inaccurate Meter. Every taximeter
shall be inspected and tested for accuracy by the owner at least annually.
Taximeters shall be subject to inspection at any time by the Regional
Taxi Authority or any other authorized persons. Upon discovery of
any inaccuracy of such taximeter, the operator thereof shall remove,
or cause to be removed from service any vehicle equipped with such
taximeter until such taximeter has been repaired and accurately adjusted.
Records and evidence of inspection by the County Department
of Weights and Measures shall be submitted for verification at the
time of each taxicab's annual vehicle inspection.
C. Manner
of Placement in Taxicabs. The taximeter required by this section shall
be placed in each taxicab so that the reading dial showing the amount
to be charged is well lighted and readily discernible to a passenger
riding in any such taxicab.
D. Accurate
Operation Required. It shall be the duty of each person operating
a taxicab, and the driver thereof, to keep the taximeter therein operating
at all times within the accuracy and requirements of this chapter
and such additional requirements as may be prescribed from time to
time by the Regional Taxi Authority.
E. Use
Required for All Passenger Services. No passenger shall be carried
in any taxicab for hire unless the taximeter in such taxicab is in
operation. This section shall apply regardless of whether the taxicab
is engaged for a trip entirely within the Regional Taxi Authority
area or partially outside thereof, and such meter shall be kept operating
continuously during the entire time that it is engaged in the transportation
of passengers for compensation, regardless of the point of destination;
except, that when the trip is in excess of 15 miles a flat rate may
be used for any part of the trip over the first 15 miles.
F. All
Charges to Be in Accordance With Meters. All charges for taxicab service
shall be calculated and indicated by a taximeter, except as described
in this chapter, and at all times while the taxicab is engaged the
"flag" of the taximeter shall be thrown into a position
to register charges for mileage and time. No taximeter shall be so
operated as to cause any charge to be registered thereon, except during
the time while the taxicab is engaged by a passenger.
G. Splitting
of Fares by Two or More Passengers. If two or more persons going in
the same direction share a taxicab, the first party that is discharged
from the taxicab shall pay the charge on the meter, and the meter
shall then be "flagged" and a new fare started; except
and unless, if the driver agrees at the inception of the hire to drop
the first fare without "re-flagging" and starting a new
fare.
H. Proper
Use of "Flag" Required. No driver of any taxicab, while
carrying passengers, shall display the "flag" attached
to the taximeter in such a position as to denote that such vehicle
is not employed, or fail to throw the "flag" of the taximeter
to a position indicating such vehicle is unemployed at the termination
of each service.
(Ord. 10-03 §25)
If any provision, clause, sentence or paragraph of this chapter
is for any reason held to be invalid or unconstitutional by a decision
of any court of any competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this chapter. The
City of Sand City hereby declares that it would have passed the ordinance
codified in this chapter and each and every section, subsection, clause
and phase thereof not declared invalid or unconstitutional without
regard to whether any portion of this chapter would be substantially
declared invalid or unconstitutional.
(Ord. 10-03 §26)