Note: Prior history: 1953 Code §§ 6700—6700.8, 6711—6714.1, 6721—6726.71, 6731—6733.1, 6741—6747.2, 6751, 6752, 6754, 6755, 6761, 6763—6768, 6771—6774 and Ords. 221, 261, 615, 638, 850, 1006 and 1280.
The following words and phrases, when used in this chapter, shall be construed as herein set forth, unless it is apparent from the context that a different meaning was intended.
"Authorized enforcement officer"
means any peace officer, city code enforcement officer, OCTAP staff member or any civilian employee of the police department designated by the chief of police to enforce the provisions of this chapter.
"Chief of police"
means the chief of police of the Laguna Beach police department, or designee.
"City"
means the city of Laguna Beach.
"City authorization"
means a current and valid city business license to operate a taxicab business in the city.
"Code"
means the Laguna Beach Municipal Code.
"Company permit"
means a valid, unrevoked, and unsuspended permit issued by OCTAP authorizing a person to operate a taxicab business within the city.
"Driver"
means a person who drives or controls the movements of a taxicab.
"Driver's permit"
means a valid, unrevoked, and unsuspended permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab.
"OCTAP"
means the Orange County taxi administration program administered by the Orange County transportation authority.
"Operate a taxicab"
means to be in the possession of a taxicab that does not have "Not In Service" signs posted as required by OCTAP regulations.
"Owner"
means the registered owner or lessor of a taxicab.
"PTC committee"
means the parking, traffic, and circulation committee of the city of Laguna Beach.
"Person"
includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.
"Taxicab"
means a vehicle operated within the city, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a charter party carrier licensed as such by any state agency, including the public utilities commission, or any other vehicle having a certificate of public convenience and necessity issued by any state agency, including the public utilities commission.
"Taxicab permit"
means a valid, unrevoked, and unsuspended permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab.
"Taxicab stand"
means a portion of the street designated for the use of taxicabs while waiting for employment or hire.
"Taxicab stand permit"
means a valid and current permit issued by the PTC committee pursuant to Section 5.36.160 of this chapter for the operation of a taxicab stand within the city.
(Ord. 1558 § 1, 2012)
(a) 
A person shall only operate a taxicab if the owner of that taxicab is authorized by a business license issued by the city to operate a taxicab business in the city.
(b) 
An owner shall only allow a taxicab owned by or under the control of the owner to be operated if the owner is authorized by a business license issued by the city to operate a taxicab business in the city.
(c) 
It is unlawful for any person to engage in the business of providing taxicab service or of operating a taxicab upon any public street or city owned property within the city, without having first obtained a driver's permit, taxicab permit, company permit and a city business license.
(Ord. 1558 § 1, 2012)
The applicant for a business license for a taxicab shall deliver to the city business license division written proof of a policy of insurance consistent with OCTAP regulations. No business license shall be valid for a taxicab unless liability insurance coverage consistent with OCTAP regulations for such vehicle is in effect.
(Ord. 1558 § 1, 2012)
No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same and after being provided the hired for service.
(Ord. 1558 § 1, 2012)
A person shall only operate a taxicab if that person possesses a driver's permit and if a city business license has been obtained for such operation. An owner shall only allow a driver to operate a taxicab owned by or under the control of the owner if that driver possesses a driver's permit and if a city business license has been obtained for such operation.
(Ord. 1558 § 1, 2012)
A person shall only operate a taxicab if that vehicle displays a taxicab permit and if a city business license has been obtained. An owner shall only allow a taxicab owned by or under the control of the owner to be operated in the city if that vehicle displays a taxicab permit and if a city business license has been obtained for such operation.
(Ord. 1558 § 1, 2012)
A person shall only operate a taxicab business in the city if that person possesses a valid and current company permit and if a city business license has been obtained for such operation.
(Ord. 1558 § 1, 2012)
Application for a driver's permit, taxicab permit or company permit shall be made to OCTAP on a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by the Orange County transportation authority.
(Ord. 1558 § 1, 2012)
A driver operating a taxicab in the city shall carry with him or her at all times proof of insurance covering that vehicle and the driver, with such policy limits and coverage as established by OCTAP and Section 5.36.030 of this chapter. Said proof of insurance must clearly identify the driver and covered vehicle.
(Ord. 1558 § 1, 2012)
No permit issued under this chapter shall be assigned to or used by any person or vehicle other than the person or vehicle named in such permit.
(Ord. 1558 § 1, 2012)
A taxicab operated under the authority of this chapter shall be equipped according to the standards established by OCTAP.
(Ord. 1558 § 1, 2012)
As required by OCTAP regulations, every taxicab and vehicle for hire, while on duty, shall at all times be subject to inspection by any authorized enforcement officer, and no driver, owner, or person shall interfere with or obstruct any authorized enforcement officer while inspecting or attempting to inspect a taxicab or vehicle for hire while on duty.
(Ord. 1558 § 1, 2012)
Every person operating a taxicab or vehicle for hire under not regulated by the Public Utilities Commission (PUC) under the provisions of this chapter shall adhere to all of the regulations and permit conditions of OCTAP at all times while operating within the city.
(Ord. 1558 § 1, 2012)
(a) 
A driver shall only carry a passenger to his or her destination by the most direct and accessible route, unless otherwise directed by the passenger paying the fare.
(b) 
A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP.
(c) 
A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP.
(1) 
A schedule of rates and charges for the hire of said taxicab;
(2) 
The driver's name and address;
(3) 
The owner's name, address and telephone number;
(4) 
The taxicab identification number;
(5) 
The driver's permit issued pursuant to this chapter;
(6) 
The taxicab permit issued pursuant to this chapter;
(7) 
The company permit issued pursuant to this chapter;
(8) 
OCTAP's address and phone number; and
(9) 
Any other information required by the city.
(d) 
A driver shall give a paper receipt for the amount charged upon the request of the person paying the fare.
(e) 
A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition as determined by an authorized enforcement officer.
(f) 
A driver shall not leave his or her taxicab to solicit passengers or business.
(g) 
The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped, or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP.
(h) 
No driver shall operate any taxicab, and no person possessing a company permit issued pursuant to this chapter shall cause or permit any driver to operate any taxicab under such person's ownership or control, for more than twelve consecutive hours. No driver shall operate any taxicab, and no person holding a company permit issued pursuant to this chapter shall cause or permit any driver to operate any taxicab under such person's ownership or control, after such driver has been on duty, either driving a taxicab in any office or garage of the permit holder, or any combination of such acts, for more than twelve hours within any sixteen consecutive hour period. No driver shall operate any taxicab, and no person holding a company permit issued pursuant to this chapter shall cause or permit any driver to operate any taxicab under such person's ownership or control, unless such driver has had at least eight consecutive hours of off-duty time within the last preceding twenty-four hours, during which eight consecutive hours he or she shall have performed no acts or duties in connection with such taxicab business.
(i) 
Smoking inside a taxicab is prohibited at all times while on duty or a passenger is inside the taxicab.
(Ord. 1558 § 1, 2012)
(a) 
No owner or driver of any taxicab shall park or stand the same upon any public street or city owned property within the city, other than at a taxicab stand for which the owner has a valid taxicab stand permit, for any period longer than is necessary to discharge passengers occupying the taxicab or receive passengers then waiting for the taxicab; provided, however, that a taxicab shall in no case be parked for a period longer than five minutes on any public street or city owned property within the city, except in a taxicab stand for which the owner has a valid taxicab stand permit. Each taxicab business desiring a taxicab stand permit shall file an application with the parking, traffic, and circulation (PTC) committee on such form as may be provided by the city. No taxicab stand permit shall be issued to any taxicab business unless such business possesses a current company permit issued by OCTAP and a current business license issued by the city.
(b) 
The PTC committee shall designate in each taxicab stand permit the exact location of the taxicab stand. Such permit shall also specify the taxicab stand dimension in feet and the location of any parking or stand space reserved for the taxicab stand, which reserved space may be at any time changed, diminished or increased by the PTC committee following written notice to the permittee.
(c) 
Every taxicab stand, as permitted by the PTC committee, shall be indicated by red paint or other red material, upon the entire curb surface thereof, with the words "Taxicabs Only" painted in white letters thereon.
(d) 
Any taxicab stand permit that is granted to any person may be used jointly by any two or more persons holding a permit under this chapter by the mutual written consent of said persons, provided such consent is signed and filed with the PTC committee.
(e) 
No assigned taxicab stand shall be changed without obtaining a new taxicab stand permit from the PTC committee.
(f) 
In the event that any taxicab stand permittee shall fail, for a period of fourteen consecutive days after service of written notice, to use such taxicab stand for his or her taxicab or taxicabs, the permittee shall be deemed to have abandoned such taxicab stand. Said notice shall state that continued non-use of the taxicab stand for the period specified herein shall result in a determination of abandonment. In the event a taxicab stand is abandoned, it may be reassigned in writing to any other permittee. This subsection shall not apply when a permittee, within said fourteen-day period, provides written evidence to the PTC committee establishing that such non-use was due to illness, or some other occurrence beyond the reasonable control of the permittee. Taxicab malfunction shall not be an acceptable excuse.
(g) 
No person, other than an employee of the city, shall paint any curb of any taxicab stand. Each taxicab stand permittee shall reimburse the city for such painting as may be required from time to time, and failure to make such reimbursement shall be grounds for denial of a new or renewed taxicab stand permit.
(h) 
An application for a taxicab stand permit shall be accompanied by a filing fee set by resolution of the city council to cover the administrative cost to the city of processing the application.
(i) 
No person shall stop, stand or park any vehicle, other than a city authorized taxicab, in any street where the adjacent curbing is identified as a taxicab stand pursuant to subsection (c). This subsection shall not apply to on duty vehicles operated by a public agency or public utility, or on duty emergency vehicles.
(Ord. 1558 § 1, 2012)
No in-service taxicab shall carry a passenger without activating the fare meter, and shall not charge rates that exceed those established by OCTAP.
(Ord. 1558 § 1, 2012)
An application for a business license as required by this chapter shall be accompanied by a filing fee set by resolution of the city council for each taxicab which applicant proposes to operate within the city to cover the administrative cost to the city of processing the application.
(Ord. 1558 § 1, 2012)
Any authorized enforcement officer is authorized to enforce the provisions of this chapter. Authorized enforcement officers shall also be deemed to be "designated local transportation officers" for the purpose of enforcing the provisions of the California Vehicle Code and the California Government Code that pertain to the regulation and operation of taxicabs and vehicles for hire.
(Ord. 1558 § 1, 2012)
A violation of this chapter may be prosecuted as an infraction or a misdemeanor in accordance with the provisions of Section 1.04.025 of this code, or alternatively, an administrative citation may be issued pursuant to the provisions of Chapter 1.15 of this code for violations of this chapter. In addition, the city may also pursue civil relief (e.g., injunction, etc.) against a person or a company violating any provision of this chapter or state law. The city is also empowered and authorized to impose any penalty or other remedy allowed to it by state law, for violations of the California Vehicle Code and the California Government Code that pertain to the regulation and operation of taxicabs and vehicles for hire.
(Ord. 1558 § 1, 2012)
If any section, subsection, sentence, clause or phrase of this chapter is held to be invalid for any reason, such invalidity shall not affect the validity of any other provision of this chapter. The city council of the city of Laguna Beach declares that the provisions of this chapter are severable and that it would have passed this chapter and each and every section, subsection, sentence, clause or phrase, irrespective of the fact that any one or more of the same be declared invalid.
(Ord. 1558 § 1, 2012)