"Certificate"
means a certificate of public convenience and necessity issued
by the chief of police, authorizing the holder thereof to conduct
a taxicab business in the city, and shall be synonymous with the term
"owner's permit."
"Chief of police"
means the chief of police of the city, or his or her designated
representative.
"City"
means the city of Pleasanton.
"Driver"
means every person in charge of or operating any passenger-carrying,
motor-propelled vehicle as defined in this section, either as an owner
or employee or under the direction of owners or employees.
"Driver's permit"
means a permit to drive and operate a taxicab for hire in
the city.
"Manifest"
means a daily record prepared by a taxicab driver of all
trips made by said driver showing the time and place of origin, destination,
route taken, any stops or long delays made during the trip, number
of passengers and the amount of fare of each trip.
"Owner"
means any person, firm or corporation who in any manner has
the proprietary use, ownership or control of any passenger-carrying
motor-propelled vehicle.
"Rate card"
means a card issued by the finance director for display in
each taxicab which contains the maximum rates of fare then in force.
"Street"
means any place commonly used for the purpose of public travel.
"Taxicab"
means a motor-propelled passenger-carrying vehicle of a distinctive
color or colors (other than ambulances and cars operated by funeral
directors), and which is of such public appearance as is customary
for taxicabs in common usage in this county, and which is operated
at rates per mile or upon a waiting time basis or both, and which
is equipped with a taximeter and which motor-propelled vehicle is
used for the transportation of passengers for a fee over and along
the public streets, not over a defined route, but as to route and
destination, in accordance with and under direction of the person
hiring such vehicle.
"Taximeter"
means any instrument, appliance, device or machine by which
the charge for hire of a passenger-carrying vehicle is calculated,
either for distance traveled or waiting time, or both, and upon said
instrument, appliance, device or machine, such charge is numerically
and visibly indicated.
"Waiting time"
means the time when a taxicab is not in motion from the time
of acceptance of a passenger or passengers to the time of discharge,
but does not include any time that the taxicab is not in motion if
due to any cause other than the request, act or fault of a passenger
or passengers, or the presence of traffic congestion or blockage of
a railroad crossing not reasonably foreseen by the driver.
(Ord. 1744 § 1, 1998)
It is unlawful for any person to engage in the business of operating
any taxicab in the city without obtaining a valid certificate of public
convenience and necessity. All persons applying for such a certificate
shall file with the police department an application which shall set
forth:
A. The
name, address and phone number of the owner, person applying and all
persons financially interested in the operation of said taxicabs.
All applicants shall be a minimum of 25 years old.
B. The
number of vehicles for which a certificate of public convenience and
necessity are desired.
C. The
California Department of Motor Vehicles registration showing that
the vehicles are currently registered as commercial vehicles to the
owner for which application is made.
D. The
make and type of taximeter intended to be installed in each taxicab
for which application for a certificate is made.
E. A description
of the proposed color scheme, insignia or any other distinguishing
characteristics of the taxicab.
F. The
proposed schedule of rates, which shall not exceed those fees established
and set by resolution of the city council.
G. An application
fee as set forth in the master fee schedule (on file in the office
of the city clerk), that shall accompany each application for a certificate
of public convenience and necessity.
H. A copy
of the certificate of insurance for the business and taxicabs, or
a written statement from the insurance company agreeing to provide
insurance should the application be granted. This insurance company
shall be headquartered in the United States, authorized by the state
to provide insurance in this state and approved by the city attorney
as to its financial status.
I. A copy
of the Federal Communication Commission license to operate a base
and mobile radio units.
J. A statement
of personal business history regarding taxicab operations/ownership.
K. A statement
as to whether the applicant has ever been denied a municipal taxi
permit, or if it was issued whether it was ever suspended or revoked,
and if yes, why.
L. Such
other additional information as the chief of police may reasonably
require.
(Ord. 1744 § 1, 1998; Ord. 2120 § 1, 2015)
Any person may appeal the decision of the chief of police, by
filing a written notice of appeal, stating the basis of the appeal,
with the city clerk within five days after the chief of police's decision.
Such appeal shall be heard by the city manager within 30 days. The
city manager may affirm, amend, or reverse the decision, or take other
action deemed appropriate after receiving oral or written testimony
from the appellant, the certificate holder, the chief of police, and
all interested persons. In conducting the public hearing, the city
manager shall not be limited by the formal rules of evidence. The
hearing shall be de novo.
(Ord. 1744 § 1, 1998)
Before the chief of police issues the certificate, there shall be in full force and in effect insurance for each authorized vehicle in the amount of at least $1,000,000.00 for injuries sustained in any one accident; and $100,000.00 for property damage resulting from any one accident. Said insurance shall benefit any person who shall be injured or who shall sustain damage to property caused by the negligence of a certificate holder, and/or the holder's employees or agents. Said insurance certificate shall be filed with the police department and shall be with an insurance company authorized to do business as provided in Section
6.40.020(H) of this chapter.
(Ord. 1744 § 1, 1998)
Before the chief of police issues the certificate, the applicant
shall pay the city's business license tax for the right to engage
in the taxicab business as set forth in the master fee schedule (on
file in the office of the city clerk).
(Ord. 1744 § 1, 1998; Ord. 2216 § 2, 2021)
No certificate may be sold, assigned, mortgaged or otherwise transferred without the written consent of the chief of police. Any proposed assignee may be required to meet the application procedures set forth in Section
6.40.030 of this chapter.
(Ord. 1744 § 1, 1998)
A certificate issued under the provisions of this chapter may
be suspended or revoked at any time by the chief of police if the
holder thereof has:
A. Violated
any of the provisions of this chapter.
B. Discontinued
operations of more than 30 days.
C. Been
convicted of violating any ordinances of the city, or the laws of
the United States or the state, the violation of which reflects unfavorably
upon the fitness of the holder to offer public transportation.
D. Operated
the taxicab or taxicabs at a rate of fare in excess of that established
and set by resolution of the city council.
E. Tested positive for a controlled substance and/or alcohol as directed by the mandatory controlled substance program, as prescribed in Section
6.40.105 of this chapter.
(Ord. 1744 § 1, 1998)
Anyone proposing to drive a taxicab for hire shall meet all
conditions set forth in Section 53075.5 of the
Government Code, before
employment and issuance of a driver's permit, or driver's permit renewal.
A. Drivers
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. Drivers shall test negative for these controlled
substances and for alcohol as a condition of permit renewal.
B. Procedures
shall be substantially as in Part 40 (commencing with Section 40.1)
of Title 49 of the Code of Federal Regulations, except that the driver
shall show a valid California driver's license at the time and place
of testing.
C. The
chief of police shall accept test results from other jurisdictions
having testing procedures conforming with
Government Code Section
53075.5. Any negative test result shall be accepted for one year as
meeting a requirement for periodic permit renewal testing, if the
driver has not tested positive subsequent to a negative result. However,
an earlier negative result shall not be accepted as meeting the preemployment
testing requirement for any subsequent employment, or any testing
requirements under this chapter other than periodic driver's permit
renewal testing.
D. In the
case of a self-employed independent driver, the test results shall
be reported directly to the chief of police, who will notify the taxicab
company of record, if any, of positive results. In all other cases
the results shall be reported directly to the employing transportation
operator, who is required to notify the chief of police of positive
results.
E. All
test results are confidential and shall not be released without the
consent of the driver, except as authorized or required by law.
F. Certificate
applicants shall be responsible for compliance with, and shall pay
all costs of, this testing program with respect to their employees
and potential employees, except that an applicant may require employees
who test positive to pay the costs of rehabilitation and of return-to-duty
and follow-up testing.
G. Upon
the request of a driver applying for a permit, the chief of police
shall give the driver 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 are known by the chief of police to offer
tests in or near Pleasanton.
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. Pursuant
to federal law, and in accordance with Section 34520(b)(1) of the
Vehicle Code, upon the request of an authorized employee of the police
department, holders of certificates and driver's permits shall make
available for inspection copies of all results and other records pertaining
to controlled substances and alcohol use and testing conducted pursuant
to federal law, and as specified in subdivision (a) of that section,
including those records contained in individual driver qualification
files.
(Ord. 1744 § 1, 1998)
Conditions that show sufficient justification exists to suspend
or revoke a certificate shall give cause for the chief of police to
complete an investigation and document his or her findings. The chief
of police shall then make a written determination, supported by findings,
and forward such determination to the holder. The holder of a certificate
may appeal the suspension or revocation by sending a written notice
of appeal to the chief of police within 10 days from the date of the
determination. The notice of appeal should include facts that may
justify rescinding the suspension or revocation. The chief of police
will forward the notice of appeal and supporting documents concerning
certificate revocation or suspension to the city manager. The city
manager will review all certificate information and determine if the
revocation or suspension will stand. The city manager, at his or her
discretion, may hold a public hearing on the matter and accept oral
and written testimony. The holder will be notified in writing of the
city manager's decision concerning the appeal within 30 days after
sending the written notice of appeal. The decision of the city manager
shall be final.
(Ord. 1744 § 1, 1998)
If the chief of police, or city manager following an appeal,
finds that sufficient justification exists for the suspension or revocation
of a certificate, the holder shall surrender the certificate to the
chief of police, and the operation of any taxicab or taxicabs covered
by such certificates shall cease.
(Ord. 1744 § 1, 1998)
It is unlawful for any person to operate a taxicab in the city
without first having obtained a driver's permit from the chief of
police. All persons applying for such a permit shall file with the
chief of police the appropriate application fee, as set forth in the
master fee schedule (on file in the office of the city clerk) and
an application which shall set forth:
A. The
applicant's name, home address, date of birth and phone number. The
applicant shall provide a copy of the appropriate class California
driver's license. If the applicant is not a citizen of the United
States, a copy of the applicant's work authorization permit needs
to be submitted. Any information relative to the applicant's driving
record and history of criminal convictions, if any.
B. A statement from the applicant as to whether the person is being hired as an independent contractor or as an employee of the taxi company. The person hired as an independent contractor is required to obtain a city business license and provide a certificate of insurance pursuant to Section
6.40.050 of this chapter.
C. The
taxicab company the applicant is planning to work for, the name of
the owner, the business address and business phone number.
D. The
experience of the applicant in the transportation of passengers.
E. A concise
history of the applicant's past 10 years of employment.
F. Two
recent photographs, one and one-half inches by one and one-half inches
in size.
G. Applicants shall submit to a drug/alcohol test in accordance with Section 53075.5 of the
Government Code, and as set forth in Section
6.40.105 of this chapter, before employment and upon driver's permit renewal.
(Ord. 1744 § 1, 1998)
The police chief shall issue or deny the application for a driver's
permit within 60 days of receipt of a completed application. When
necessary, the chief of police may extend the time in order to issue
or deny the application. The chief of police shall not issue a driver's
permit:
A. If the
applicant is under 21 years of age.
B. If the
applicant does not possess a valid license issued by the state of
the appropriate class.
C. If the
applicant has been convicted of reckless driving or driving while
under the influence of intoxicating beverages or drugs within the
past seven years, from the date of application.
D. If the
applicant has been convicted of a felony or crime involving moral
turpitude.
E. If the
applicant, having submitted to a drug/alcohol test in accordance with
Section 53075.5 of the
Government Code, receives a positive test result.
(Ord. 1744 § 1, 1998; Ord. 2165 § 1, 2017)
Upon satisfying the requirements of this chapter, the chief
of police shall issue a driver's permit to the applicant which shall
bear the name, address, age, signature and photograph of the applicant.
(Ord. 1744 § 1, 1998)
Every driver issued a permit under this chapter shall post his
or her driver's permit in full view of all passengers.
(Ord. 1744 § 1, 1998)
The chief of police may grant a temporary permit to operate
a taxicab pending final action on any application for a permanent
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 license
issued by the state for the appropriate class. This temporary permit
shall authorize the driver thereof to drive any such vehicle for a
period of 30 days.
(Ord. 1744 § 1, 1998)
If a driver changes his or her employment to a different owner,
he or she shall, within 24 hours thereafter, notify the chief of police
for the purpose of having his or her driver's permit changed so as
to properly designate the name of the new employer.
(Ord. 1744 § 1, 1998)
If a driver changes his or her residential address, he or she
shall, within 10 days thereafter, notify the chief of police for the
purpose of having his or her driver's permit changed so as to properly
designate his or her residential address.
(Ord. 1744 § 1, 1998)
A driver's permit issued under the provisions of this chapter
may be suspended or revoked at any time by the chief of police if
the driver has:
A. Been
convicted of a felony or crime involving moral turpitude;
B. Had
his or her state driver's license suspended, revoked, or failed to
maintain a valid license;
C. Been
convicted of reckless driving or driving while under the influence
of alcoholic beverages or drugs;
D. During
any continuous six-month period, had two or more convictions of any
offense involving driving;
E. Has
submitted to a drug/alcohol test in accordance with Section 53075.5
of the
Government Code, receiving positive results; or
F. Violates
any provisions of this chapter.
(Ord. 1744 § 1, 1998)
The driver of a taxicab authorized to operate in any municipality
other than the city may transport passengers from such municipality
to a destination within or beyond the city limits; provided, that
the driver of such taxicab shall not seek or accept passengers within
the city except upon the return trip to such other municipality, and
shall accept only passengers whose destinations are directed to a
point beyond the limits of the city in the direction of the municipality
from which such taxicab came.
(Ord. 1744 § 1, 1998)
Each owner and driver of a taxicab shall receive and read a
copy of this chapter and then sign a document that they have done
so, understand it and will abide by the regulations set forth.
(Ord. 1744 § 1, 1998)