Prior history note: Former Section 5-8, renumbered to be Chapter 5.44 in the 2008 recodification, was adopted by Ord. 79, 11/14/60; amended by Ord. 93, 5/22/61; Ord. 691, 6/27/88; Ord. 720, 7/24/89; Ord. 856, 7/24/95; and amended in its entirety by Ord. 1008, 5/29/01.
This chapter shall be known and may be cited as the "Taxicab
Ordinance of the City of Bellflower."
(Prior code § 5-8.1)
As used in this chapter:
shall mean and include every person in actual charge of or
operating any taxicab.
shall mean every person, firm or corporation owning or controlling
any taxicab.
shall mean and include every motor vehicle in the business of carrying passengers for hire over the public streets of the City of Bellflower, and not over a defined route and irrespective of whether the operation extends beyond the boundary limits of the City, such vehicle being routed under the direction of such passenger or passengers or such person or persons hiring the same. For purposes of this chapter, vehicles devoted exclusively to medical transportation, limousine services, airport shuttle services, daycare services and other similar uses shall not be subject to provisions of Sections 5.44.140, 5.44.150, 5.44.160, 5.44.180, 5.44.200, 5.44.260 or 5.44.270. Such vehicles and services shall also not be subject to the public hearing requirements of Section 5.44.060, but all determinations and approvals under said section shall be made by the City Manager or the designee of the City Manager.
shall mean and include a portion of the street designated
by the City Council for the use of taxicabs while waiting for employment.
(Prior code § 5-8.2)
It is unlawful for any owner to operate or cause to be operated
any taxicab owned or controlled by such owner, in the business of
carrying passengers for hire, unless such owner has first obtained
a permit, as herein provided, and such permit is in full force and
effect.
(Prior code § 5-8.3)
It is unlawful for any owner to operate or cause to be operated, or permit to be operated, any taxicab owned or controlled by such owner, unless the driver or operator thereof has obtained a license to do so, as provided in Section 5.44.100, and such license is in full force and effect.
(Prior code § 5-8.4)
A.
Any owner desiring to obtain a taxicab owner's permit required by Section 5.44.030 shall make application therefor to the City Council. Such application shall be accompanied by 1) the taxicab owner's permit fee, 2) business license fee, 3) evidence of insurance or other securities, or the ability to obtain such insurance as required by Section 5.44.120, and 4) any other fees provided herein. Each such application shall be in writing and shall set forth the following:
B.
The
name, age, and business address and residence of the applicant, if
a natural person, or if a corporation, its name, date and place of
incorporation and the names of its principal officers, or if a partnership,
association or fictitious company, the names of the partners or of
the persons comprising the association or company, with the place
of business and residence of each such partner or person;
C.
A description
of the motor vehicles which the applicant proposes to use including
the type of each vehicle, the name of the manufacturer thereof, and
vehicle identification number and license plate number, if the applicant
is already in possession of such vehicle;
D.
The
color scheme, name, monogram or insignia, and company unit number
or radio response identification of such taxicab or taxicabs;
E.
A schedule
of rates or fares to be charged for carrying passengers in such taxicabs;
F.
The
street number and location of the place or places where the applicant
proposes to stand each such taxicab;
G.
If the
proposed stand is in the public street, said application shall accompanied
by a written consent thereto of all occupants of the ground floor
of any building in front of which such taxicab is to be located, or
if there is not any such occupant, by the written consent thereto
of the owner or lessee of such building, or if such proposed stand
is not in front of any building, by written consent thereto of the
owner or lessee of the lot in front of which such taxicab stand is
proposed to be located.
(Prior code § 5-8.5)
A.
Upon
receipt of any new application for a taxicab owner's permit, the Council
shall set the same for public hearing and give notice in writing of
the date, time, and place of the hearing to the applicant and to holders
of all outstanding taxicab owners' permits in force and effect, at
least seven days before the hearing, said notice to be mailed to the
address of the applicant and addresses of the other holders of such
permits as shown in the records of the City Clerk.
B.
The
City Council shall make an investigation and receive testimony or
evidence at the above-mentioned hearing and may thereafter grant a
permit if it shall find:
1.
That
the vehicles described, or proposed to be used, are adequate and safe
for the purpose for which they are to be used;
2.
That
the public convenience and necessity require the operation of such
taxicab company upon the public streets;
3.
That
the color scheme, monogram, or insignia to be used upon each taxicab
is not in conflict with and does not imitate any color scheme, name,
monogram, or insignia used by any other person, firm, or corporation
in such manner as to be misleading or tend to deceive or defraud the
public, or that a color scheme, monogram, name, or insignia has theretofore
been designated for said applicant;
4.
That
the location of a requested taxicab stand, as therein stated, is such
that it will not congest or interfere with travel on any public street,
or the use of any public street by the public, and is not prohibited
by any ordinance of the City;
5.
The
City Council shall have the power to determine all issues relative
to granting or denying taxicab owner's permits and taxicab stand locations.
In determining the number of stands allowed to any owner, the City
Council may take into consideration the number of cars for said owner
has, or proposes, within the taxicab owner's permit application.
C.
If the
application for taxicab owner's permit did not include evidence that
the insurance or other securities required had previously been obtained
or the vehicle identification number and license plate number, the
permit shall not be issued until such evidence and information is
filed with the City Clerk.
(Prior code § 5-8.6)
No holder of a taxicab owner's permit shall be allowed to operate
an additional cab or cabs without the showing of convenience and necessity
as herein required for an original application for a taxicab owner's
permit.
(Prior code § 5-8.7)
When any permit or license is granted hereunder, the City Clerk
shall issue to the grantee a certificate thereof, in such form as
determined by the City Clerk. All permits or licenses granted under
the provisions of this chapter shall expire at the end of the fiscal
year in which the same are granted and all fees required herein shall
be payable on a fiscal basis. Said fees shall be prorated for any
part of a fiscal year which has expired.
A taxicab owner's permit scheduled to expire at the close of
the fiscal year may be renewed by the City Manager or designee if
the holder thereof submits a request for renewal not less than one
month prior to the scheduled expiration date and the City Manager
or designee determines that all of the following apply:
A.
No complaints
against said company regarding excessive rates or routes, condition
or safety of vehicle(s), provision of services or violation of any
section of this chapter, are filed with the City, or any complaints
filed with the City against said company regarding excessive rates
or routes, conditions or safety of vehicle, provision of services
or violation of any section of this chapter, are deemed unfounded
by the City; and
B.
All
insurance, bond(s) or other security mechanism(s) have been maintained
in good standing at all times during the active fiscal year; and
(Prior code § 5-8.8)
Any owner having a permit for the operation of a taxicab may
substitute another motor vehicle for that which the permit was granted,
but before doing so shall obtain and file with the City Clerk the
consent of the surety on operator's bond(s), or the insurers on his/her
policy of insurance, to such substitution, together with such information
as was required in the taxicab owner's permit application for the
vehicle being replaced.
Replacement vehicles must be added to the application for owner's
permit on file.
(Prior code § 5-8.9)
A.
Required.
It is unlawful for any driver to operate or drive any taxicab unless
the owner thereof has obtained a taxicab owner's permit therefor,
as herein required, and such driver has obtained a taxicab operator's
license as herein provided, and both said permit and license are in
force and effect.
B.
Application.
Any person desiring to obtain a taxicab operator's license shall make
written application, signed by the driver and the owner, setting forth
the driver's name, age, and residence, last previous address and the
length of residence at each, marital status, the name of the owner
of the motor vehicle proposed to be operated, a brief description
of such motor vehicle, affix a recent photograph of the applicant
for the taxicab operator's permit which must be taken within one year
immediately preceding the making of said application. The Director
of Public Safety shall cause an investigation of said application
to be made and shall provide a recommendation to the Community Development
Director.
The Director of Public Safety may recommend denial of such application
for the following:
1.
No
operator's license shall be granted to any person who has been convicted
of any felony or misdemeanor charge relating to or arising from drug
use, bodily injury or robbery. Such convictions shall not restrict
or impede said application if incarceration, restitution, probation
and any other forms of punishment have been satisfied for 10 years
prior to the date of said application. No operator's license shall
be granted to any person under the age of 21 years, who cannot speak
the English language sufficiently to deal with passengers, who is
not sufficiently acquainted with the provisions of this chapter, or
is not competent to operate such motor vehicle safely on the streets
of the City, or who has been convicted three or more times of a violation
of any law or ordinance regulating the operation of motor vehicles
in the year immediately prior to filing application, or who, in the
opinion of the Director of Public Safety, is otherwise unqualified
to operate such motor vehicles.
2.
No
operator's license shall be granted to any applicant hereunder who
does not have a valid chauffeur's license, issued by the Department
of Motor Vehicles of the State of California.
C.
Issuance—Termination
of Employment. Upon satisfying the foregoing requirements the applicant
shall be fingerprinted by the City, and thereupon an operator's license
shall be issued affixed to which shall be one of the photographs of
applicant. Said license shall be displayed in a conspicuous place
in the taxicab at all time if it is driven by said operator so as
to be seen from the passengers compartment and which operator's license
shall set forth the name, address and telephone number of the owner
of the taxicab. Every operator's license issued hereunder shall be
valid during the fiscal year so long as the holder continues in the
employ of such owner and such owner has a valid taxicab owner's permit.
Upon the termination of such employment, said license shall forthwith
be terminated. The owner for whom such driver has been employed shall
immediately give the City written notice of such termination of employment.
(Prior code § 5-8.10)
A.
Taxicab
Owners. Each owner of any taxicab must obtain a taxicab owner's permit
and pay a fee for the following rights or privileges:
1.
Annual
license fees for carrying passengers for hire in any motor vehicle
in the City, with one annual license fee of $113 for the first vehicle
and another annual fee of $11 for each additional vehicle.
2.
In
addition to the license fee set forth above, all applicants for certificate
of public convenience and necessity must pay to the City Clerk an
amount payable only for the original application, which sum is hereby
determined a proper sum to be charged the applicant for the investigation
as in this chapter provided.
3.
A
fee for the right to change the location of any taxicab stand.
B.
Taxicab
Drivers. Each taxicab driver must pay an annual taxicab operator's
license fee in the sum of $28 as to the first year such taxicab driver's
permit is issued. Thereafter an annual renewal fee of $5 shall be
paid.
C.
Except
as otherwise provided by applicable law, all fees applicable to this
chapter, excluding business license taxes and fees, will be established
by City Council resolution. Such charges will be determined by the
department and be based on the actual cost incurred by the City in
providing services. Such service charges will include, without limitation,
charges for labor, supervision, overhead, administration and the use
of any and all City equipment, and supplies.
(Prior code § 5-8.11; Ord. 1336 § 9, 5/8/17)
It is unlawful for any owner or driver to operate or drive any
taxicab or to cause the same to be operated or driven, and no permit
or license for the operation thereof shall be issued or granted; unless
there is on file with the City Clerk and maintained in full force
and effect at all times while such taxicab is being operated, the
following:
A.
Worker's
compensation providing benefits as required by law;
B.
Commercial
general liability insurance with limits of no less than one million
dollars ($1,000,000.00) for bodily injury or property damage per occurrence
for all covered losses, and two million dollars ($2,000,000.00) general
aggregate, as a result of the ownership, operation or use of each
such taxicab, whether or not said taxicab is specifically defined
in said policy as hereafter provided for; it shall provide that there
shall be a continuing liability thereon, notwithstanding any recovery
thereon; it shall set forth therein the manufacturer's name together
with the factory number, motor number and state license number of
each taxicab; or
A bond, of equal limits, of the owner of such taxicab.
C.
Automobile
liability insurance with a limit of no less than five million dollars
($5,000,000.00) per accident, as a result of the ownership, operation
or use of each such taxicab, whether or not said taxicab is specifically
defined in said policy as hereafter provided for; it shall provide
that there shall be a continuing liability thereon, notwithstanding
any recovery thereon; it shall set forth therein the manufacturer's
name together with the factory number, motor number and State license
number of each taxicab; or
A bond, of equal limit, of the owner of such taxicab.
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Said insurance policies shall be approved by the City Manager,
issued by a solvent and responsible insurance company authorized to
do business in the State of California, naming the City as additional
insured, insuring the owner of such taxicab against loss by reason
of injury or damage covered thereby and shall guarantee the payment
of any and all final judgments rendered against such owner therefor,
within the limits of such policy, irrespective of the financial condition
or any acts or omissions of such owner, and shall insure to the benefit
of such injured or damaged person or persons. Said insurance policies
may consist of a "fleet policy" covering all vehicles of the owner
and in any event each policy of insurance shall by its terms insure
all vehicles owned or operated by the owner under the terms of this
chapter.
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Said bonds shall be approved by the City Manager, with a solvent
and responsible surety company, authorized to do business in the State
of California as a surety, run to the City of Bellflower and shall
insure by its terms to the benefit of any and all persons suffering
loss or damage covered thereby and shall provide that suit may be
brought thereon in any court of competent jurisdiction by any such
person in his/her own name.
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Said insurance policies or said bonds shall not be cancelled
or terminated until at least 30 days after written notice thereof
has been filed with the City Clerk.
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If, at any time such bond or policy of insurance is cancelled
for any reason, or the company's right to transact business in the
State is suspended or revoked, or if such bond or policy is deemed
to be insufficient for any reason, the City Manager shall require
such owner to file a new bond or policy and shall notify such owner
that his/her permit is suspended pending the filing of such new bond
or policy. Except for good cause shown, the City Manager shall revoke
such permit unless such new bond or policy is filed with the City
Clerk within 30 days from the mailing by the City Manager of such
notice to the owner at the address set forth in his/her application.
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(Prior code § 5-8.12)
A.
Taxicab
Owner's Permit. The City Council may at any time revoke or suspend
the taxicab owner's permit granted:
1.
If
the owner is unfit; or
2.
If
the owner fails to operate taxicabs in accordance with the provisions
of this chapter; or
3.
If
the owner of the taxicabs suspends operation of taxicabs for a period
of 45 days without permission first obtained from the City Council;
or
4.
If
taxicabs are operated at a rate of fare other than that approved by
the City Council; or
5.
For
the existence of any state of facts which would have been a good reason
for denying such permit applied for, whether said state of facts existed
at the time application was made therefor, or not.
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The City Council, prior to any such revocation shall fix a time
and place for a hearing thereon and the holder of such permit shall
be given written notice thereof at least five days prior to such hearing
by the mailing of a notice thereof to the last known address of such
person as shown by the records of the City Clerk.
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All permits which shall have been suspended or revoked by the
City Council are to be surrendered to the City Clerk and the operation
of all taxicabs covered by such permit shall cease and be unlawful.
Any owner who shall retire and not replace any taxicabs for 45 days,
shall immediately surrender to the City Clerk the permit granted for
such taxicab.
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B.
Taxicab
Operator's License. Any licenses issued to any taxicab driver under
this chapter may be revoked by the Community Development Director:
1.
For
any violation of the provisions of this chapter or for the existence
of any state of facts which would have been a good reason for denying
such license when applied for whether such state of facts existed
at the time application was made for such license or not; or
2.
If
the applicant does not possess a valid chauffeur's license issued
by the State of California; or
3.
If
the driver is a reckless driver or has been convicted of reckless
driving or while driving under the influence of intoxicating liquor
or narcotics; or
(Prior code § 5-8.13)
Any driver employed to carry any passenger to a definite point
shall take the most direct route possible that will carry the passenger
safely and expeditiously to their destination.
(Prior code § 5-8.14)
A.
Except as may be authorized under Subsection (B) of this section, it is unlawful for the owner or driver of any taxicab to fix or charge or collect a rate in excess of the following or as may hereafter be fixed by resolution of the Council.
B.
It is
unlawful for the owner or driver of any taxicab to fix or charge or
collect, for service from points in the City to points outside, or
from points outside to points inside the City, a rate of fare in excess
of the maximum rate schedule as fixed by this section or as approved
by resolution of the City Council made pursuant to this section.
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The rates of fare of taxicabs as provided for herein may be
changed from time to time by resolution of the City Council.
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(Prior code § 5-8.15)
Every taxicab shall also have displayed in a conspicuous place
in the passenger's compartment at all times, a schedule stating in
clearly legible characters, the rates of fare charged for carrying
passengers therein as established by the City Council, the owner's
name or the fictitious name under which he or she operates, and the
business address and telephone number of such owner. Each owner holding
a permit for the operation of a taxicab under this chapter shall at
all times keep on file with the City Clerk an up-to-date schedule
of rates of fare charged for carrying passengers therein. No schedule
of rates of fare charged for carrying passengers shall become effective
or be charged by any permittee or licensee until 30 days or more have
elapsed from the filing of such schedule of rates with the City Clerk
as provided for in this section.
(Prior code § 5-8.16)
It is unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this chapter after having hired the same, and any person who shall hire any vehicle herein defined with the intent to defraud the person from which it is hired, shall be in violation of Chapter 1.08.
(Prior code § 5-8.17)
Every taxicab shall be equipped with the following:
A.
A light
of sufficient candlepower within such vehicle, so arranged as to illuminate
the whole interior thereof back of the driver's seat, when the rear
door of said cab is open.
B.
A speedometer
of some standard make, in good working order, and so placed as to
be in full view of any person sitting on the same seat with the driver
of such vehicle;
C.
The
owner's permit for said taxicab and the taxicab operator's license
both of which must be affixed in a conspicuous place in the passenger's
compartment in such vehicle and shall be illuminated or clearly visible
at all times;
(Prior code § 5-8.18)
It is unlawful for any owner or driver to operate, or cause
to be operated, any taxicab while the same or any of the equipment
used thereon or therewith shall be in a defective, unsafe or unsanitary
condition, or after the same has been ordered out of service by the
City. Every taxicab shall at all times be subject to the inspection
of the City.
Any taxicab which is found after any such inspection to be unsafe
or in any way unsuitable for taxicab service may be immediately ordered
out of service, and before again being placed in service shall be
placed in a safe and sanitary condition.
(Prior code § 5-8.19)
Every taxicab shall have painted or placed upon the door of
said cab the name of the owner or the fictitious name under which
the owner operates, together with the telephone number of said owner
or company. The unit number of the vehicle, as determined by the applicant
and as reported in the owner's permit application, shall be clearly
displayed on the exterior of the vehicle. All of the lettering mentioned
in this section shall be in letters not less than two and one-quarter
(2-1/4) inches in height and not less than five-sixteenths (5/16)
of an inch stroke, unless otherwise approved by the City Manager.
(Prior code § 5-8.20)
It is unlawful for any person, firm, or corporation to drive
or operate any taxicab other than one bearing the color scheme, name,
monogram, or insignia set forth in the application for the permit
as herein provided. It is unlawful for any person, firm or corporation
to change the color scheme, name, monogram, or insignia on a taxicab
without first obtaining the consent of the City Council.
(Prior code § 5-8.21)
The City Council shall designate by motion the exact location
of any taxicab stand or stands.
(Prior code § 5-8.22)
It is unlawful for the owner or driver of any taxicab to park
the same at any other location in the City than at the stand designated
by the City Council therefor; provided, however, that where a permit
for more than one taxicab stand has been granted to the same person,
firm or corporation, said stands may be used interchangeably by any
of the licensed taxicabs owned by said person, firm or corporation.
(Prior code § 5-8.23)
Any one taxicab stand authorized to be used by any person, firm
or corporation, may be used jointly by any two or more persons, firms
or corporations holding a permit under this chapter, provided that
consent of the authorized user is first granted for such use, and
notice of such consent in writing is filed with the City Council.
(Prior code § 5-8.24)
No taxicab stand shall be changed from the location designated by the City Council, except by motion duly made by the City Council upon application, in writing, setting forth the proposed new location, accompanied by the written consent thereto of the property owners, as provided in Section 5.44.050(G). Such application shall be acted upon in the same manner, and be subject to the same conditions as provided in Section 5.44.060.
(Prior code § 5-8.25)
It is unlawful for any person, firm or corporation to deposit
or stand any taxicab, as defined in this chapter, upon the streets,
alleys, or avenues, of the City, except at a taxicab stand as herein
set forth, for any period of time longer than actually necessary to
discharge its passenger or passengers at such a point as said passengers
request to be discharged or where said passenger or passengers shall
at such time be in waiting.
(Prior code § 5-8.26)
It is unlawful for the owner or driver of any taxicab to leave
such vehicle unattended in a stand for a period of time longer than
three minutes.
(Prior code § 5-8.27)
Every person, firm or corporation holding a permit or license
issued under the terms of this chapter shall at all times be subject
to the laws of the State of California and all ordinances of the City
not in conflict with this chapter.
(Prior code § 5-8.28)
All owners of taxicabs shall own and operate their own cars,
and it is unlawful for any owner or driver to enter into any contract
agreement or understanding between themselves by the terms of which
such driver pays to, or for the account of, such owner, a fixed or
determinable sum for the use or operation of such vehicle.
(Prior code § 5-8.29)
Whenever any person, firm or corporation including owners of
taxicab owner's permits previously issued and in effect is aggrieved
by any ruling, act, or omission on the part of the City as herein
provided for, such person, firm or corporation may within five days
after such ruling, act, or omission is made, done or committed, appeal
to the City Council by filing with the City Clerk written statements
of the ruling or acts complained of and the reasons for taking such
appeal. The City Clerk shall schedule a time for the City Council
to hear said matter at the next regularly scheduled City Council meeting
not less than 10 days from the time such statement is filed. The City
Council shall hear the same and receive evidence in said matter and
make its findings within 30 days from the close of such hearing. The
Council may affirm, modify or set aside the ruling, act or omission
as so appealed. The findings of the Council shall be final and conclusive.
(Prior code § 5-8.30)
