For the purpose of this chapter, the words and terms set forth below shall be construed in accordance with the following definitions:
"Chief of police"
means the chief of police of the Buena Park police department, or his or her designee.
"City"
means the city of Buena Park.
"City authorization"
means city authorization to operate a taxicab business in the city.
"Driver"
means a person who drives or controls the movements of a taxicab.
"Driver's permit"
means a valid 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 drive a taxicab and either solicit or pick up passengers for hire in the city.
"Owner"
means the registered owner or lessor of a taxicab.
"Person"
includes natural person, firm, association, organization, partnership, business, trust, corporation or public entity.
"Taxicab"
means a vehicle operated within the jurisdiction of 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 business permit"
means a valid permit issued by OCTAP authorizing a person to operate a taxicab business.
"Taxicab stand"
means a portion of the street designated by the city council for the use of taxicabs while waiting for employment or hire.
"Taxicab vehicle permit"
means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab.
(Ord. 1359 § 2, 1997)
A. 
A person shall operate a taxicab only if the owner of that taxicab is authorized by OCTAP to operate a taxicab business.
B. 
An owner shall allow a taxicab owned by or under the control of the owner to be operated only if the owner is authorized by OCTAP to operate a taxicab business.
C. 
City's authorization to operate a taxicab and taxicab business in the city shall be deemed granted provided each driver and taxicab business possesses all required OCTAP permits and each business possesses a valid city business license, as required by this code.
(Ord. 1359 § 2, 1997)
A person shall operate a taxicab only if that person possesses a driver's permit and city authorization has been granted. An owner shall allow a driver to operate a taxicab owned by or under the control of the owner only if that driver possesses a driver's permit and city authorization has been granted.
(Ord. 1359 § 2, 1997)
A person shall operate a taxicab only if that vehicle displays a taxicab vehicle permit and if city authorization has been granted. An owner shall allow a taxicab owned by or under the control of the owner to be operated in the city only if that vehicle displays a taxicab vehicle permit and if city authorization has been granted.
(Ord. 1359 § 2, 1997)
Application for a driver's permit, taxicab vehicle permit or taxicab business permit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing such application as established by the Orange County transportation authority.
(Ord. 1359 § 2, 1997)
A driver operating a taxicab in the city shall at all times carry proof of insurance covering that vehicle, with such policy limits and coverage as established by OCTAP and adopted by resolution of the city council. Such proof of insurance must clearly identify the vehicle covered.
(Ord. 1359 § 2, 1997)
No permit issued under this chapter shall be used by or assigned to any person or vehicle other than the person or vehicle named in such permit.
(Ord. 1359 § 2, 1997)
A taxicab operated under the authority of this chapter shall be equipped according to the standards established by OCTAP and adopted by resolution of the city council.
(Ord. 1359 § 2, 1997)
A taxicab operated under the authority of this chapter shall be maintained according to the standards established by OCTAP and adopted by resolution of the city council.
(Ord. 1359 § 2, 1997)
A. 
Each driver shall carry each passenger to his/her destination by only the most direct and accessible route.
B. 
Each taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by resolution of the city council.
C. 
Each 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 and adopted by resolution of the city council:
1. 
A schedule of rates and charges for the hire of the 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 vehicle permit issued pursuant to this chapter; and
7. 
Any other information required by the city.
D. 
A driver shall give a receipt for the amount charged upon the request of the person paying the fare.
E. 
A taxicab shall be operated only if the passenger compartment is kept in a clean and sanitary condition.
F. 
A driver shall not leave his or her taxicab to solicit passengers.
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 and adopted by resolution of the city council.
(Ord. 1359 § 2, 1997)
No driver shall charge rates or charges other than those established by OCTAP and adopted by resolution of the city council.
(Ord. 1359 § 2, 1997)
The requirements of this chapter are separate and independent from all other provisions of this code, including, but not limited to, those provisions related to business licensing.
(Ord. 1359 § 2, 1997)
A. 
No owner or driver of any taxicab shall park or stand the same upon any public street in the city, other than at a taxicab stand for which the owner has a 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 street within the city, except in a taxicab stand for which the owner has a permit. Each taxicab business desiring a taxicab stand permit shall file an application with the chief of police 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 taxicab business permit issued by OCTAP.
B. 
The chief of police 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 chief of police following written notice to a permittee.
C. 
Every taxicab stand, as permitted by the chief of police, shall be indicated by red paint or other red material, upon the entire curb surface thereof, with the words "Taxicabs Only" 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 permits under this chapter by the mutual written consent of such persons, provided such consent is signed and filed with the chief of police.
E. 
No assigned taxicab stand shall be changed without obtaining a new permit from the chief of police.
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. Such notice shall state that continued nonuse of the taxicab stand for the period specified in this section shall result in a determination of abandonment. In the event a taxicab stand is abandoned, it may be reassigned to any other permittee. This subsection shall not apply when a permittee, within such fourteen-day period, provides written evidence to the chief of police establishing that such nonuse 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 a ground for denial of a new or renewed permit.
H. 
No person shall stop, stand or park any vehicle, other than a city-permitted taxicab, in any street where the adjacent curbing is identified as a taxicab stand pursuant to subsection C of this section.
(Ord. 1359 § 2, 1997)