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.
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.
means the chief of police of the Laguna Beach police department,
or designee.
means the city of Laguna Beach.
means a current and valid city business license to operate
a taxicab business in the city.
means the Laguna Beach Municipal Code.
means a valid, unrevoked, and unsuspended permit issued by
OCTAP authorizing a person to operate a taxicab business within the
city.
means a person who drives or controls the movements of a
taxicab.
means a valid, unrevoked, and unsuspended permit issued by
OCTAP authorizing a person to drive or control the movements of a
taxicab.
means the Orange County taxi administration program administered
by the Orange County transportation authority.
means to be in the possession of a taxicab that does not
have "Not In Service" signs posted as required by OCTAP regulations.
means the registered owner or lessor of a taxicab.
means the parking, traffic, and circulation committee of
the city of Laguna Beach.
includes a natural person, firm, association, organization,
partnership, business, trust, corporation, or public entity.
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.
means a valid, unrevoked, and unsuspended permit issued by
OCTAP authorizing a particular vehicle to be operated as a taxicab.
means a portion of the street designated for the use of taxicabs
while waiting for employment or hire.
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 shall test negative for controlled substances and alcohol
as required by any and all applicable state and federal statutes,
and as required by the OCTAP regulations.
(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)
A taxicab operated under the authority of this chapter shall
be maintained 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)
The requirements of this chapter are separate and independent
from the business licensing and any other provisions under the Laguna
Beach Municipal Code.
(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)
