As used in the chapter, the following terms shall have the meanings
set forth below:
means any person driving a taxicab either as owner or under
the direction, employment, control, or service of the owner as herein
defined.
means every person having control, whether by outright ownership,
lease or otherwise of any taxicabs for hire.
means and includes both singular and plural, and means and
includes any individual, firm, corporation, association, partnership,
or society, exclusive of public agencies.
means any vehicle designed to carry not more than eight passengers
excluding the driver which is used to provide taxicab service as defined
in this chapter. Taxicab does not include any vehicle operating as
part of or in furtherance of any transportation network company.
means any public passenger transportation service available
for hire on call or demand over the public streets of the city where
the service is not provided over a defined route but between such
points and over such routes as may be directed by the persons hiring
the same, and irrespective of whether the operations extend beyond
the area of the corporate limits of the city.
means any organization, including, but not limited to, a
corporation, limited liability company, partnership, sole proprietor,
or any other entity, operating in California that provides prearranged
transportation services for compensation using an online-enabled application
or platform (such as smart-phone applications) to connect passengers
with drivers using a personal vehicle (such as Uber or Lyft), or otherwise
as transportation network company is defined in California Public
Utilities Code section 5431, as the same may be amended, or any successor
provision thereto.
(Code 1980, § 8.30.010; Ord. No. 501 § 1, 1992; Ord. No. 870 (Recodification), 2014; Ord. No. 917 § 1, 2017)
It is unlawful for any person to engage in the business of operating
or causing to be operated any taxicab service within the city without
having a permit to do so under the provisions of this chapter.
(Code 1980, § 8.30.020; Ord. No. 501 § 1, 1992)
Any person desiring to obtain a permit to operate a taxicab
service under this chapter shall submit a written application to the
business license division of the finance department, on an application
form provided by the business license division of the finance department.
Applications shall be signed under penalty of perjury and shall contain
the following information:
A.
Name,
residence address and telephone number of the applicant;
B.
Business
name, address and telephone number of the applicant;
C.
Number
of vehicles to be operated under the permit;
D.
The
make, type, year, manufacturer, and passenger seating of the vehicles
to be used by the applicant;
E.
The
proposed color scheme, insignia or other distinguishable characteristics
of the taxicab to be used, including the type of illuminated sign
to be mounted on the top of the vehicle and legend thereon;
F.
Evidence
of public liability insurance of not less than $1,000,000.00 for each
person killed or injured and not less than $1,000,000.00 for death
or injury of any two or more persons in any one accident, and for
damage to property of at least $1,000,000.00 from any one accident;
G.
Legal
and registered ownership of the vehicles to be used by the applicant;
H.
Prior
experience of the applicant in the taxicab business including the
details of any prior denial, revocation or suspension by any public
agency of any taxicab service or taxicab driving permit, license or
certificate;
I.
All
felony convictions of the applicant and of all persons having an ownership
interest in the proposed taxicab service for the previous five years;
J.
Rates
to be charged to the public throughout the term of any permit issued;
K.
Unless
otherwise provided by law, evidence that the applicant has procured
workers' compensation insurance covering any and all drivers to be
utilized by the applicant should a taxicab service permit be issued.
Workers' compensation insurance will cover all employees with statutory
limits.
(Code 1980, § 8.30.030; Ord. No. 501 § 1, 1992; Ord. No. 543 § 1, 1995; Ord. No. 870 (Recodification), 2014)
A.
Upon the furnishing of all the information required by section 8.30.030 and payment of the required fee under this chapter, the finance director shall set a date and time of not less than ten nor more than 30 days thereafter for a public hearing concerning the application to be conducted before the city council, and shall give notice of the time so set, at least five business days before the date of said hearing, to the applicant, by certified mail, postage prepaid, at the address set out in the application, and by publication of the application in a daily newspaper of general circulation in the city on two different days.
B.
At the
time set for the hearing of the application, the city council may
examine the applicant and all persons interested in the matter set
forth in said application, and shall determine whether or not the
applicant has satisfied all requirements of this chapter and, further,
whether or not the public interest, convenience and necessity justify
the issuance of the permit. If it be found by the city council that
all requirements of this chapter have been satisfied and that the
public interest, convenience and necessity justify issuance of the
permit, it shall, by motion or resolution, order the finance director
to issue a taxicab service permit. Any applicant denied a taxicab
service permit shall be notified in writing of such denial and the
grounds upon which such denial is based.
C.
The
following factors shall be weighed with the burden upon the applicant
to show public need and necessity:
1.
The
inadequacy of existing taxi services;
2.
The
population density and socio-economic characteristics in the proposed
area of operation;
3.
Type
and frequency of transportation service needed in the proposed area
of operation;
4.
Existing
public transportation patterns, schedules and service levels and the
impact of the application upon such service;
5.
Traffic
and parking conditions;
6.
The
probable permanence and quality of the services offered by the applicant;
7.
The
character of taxi service proposed by the applicant as demonstrated
by: the proposed use, if any, of a radio communications system, the
proposed use of terminals and private and public taxi stands, the
time of day and night when service is to be offered, and the proposed
number and character of vehicles;
8.
The
financial status, character and responsibility of the applicant as
demonstrated by: the applicant's ability to provide, maintain and
operate the number of vehicles proposed to be operated in accordance
with the character of service proposed in the application, the applicant's
criminal and driving record, if any, as well as credit record and
evidence of liability and worker's compensation insurance;
9.
The experience of the applicant in taxicab service operations as an owner, manager or taxi driver, as described in section 8.30.030(H).
D.
Upon
receipt of an application and prior to making a determination of public
interest, convenience and necessity, each holder of a city-issued
taxicab service permit shall be notified in writing that an application
has been filed and of the date and time of the public hearing to consider
said application.
(Code 1980, § 8.30.040; Ord. No. 501, § 1, 1992; Ord. No. 543, § 2, 1995; Ord. No. 870 (Recodification), 2014)
Taxicab service permits shall be denied or revoked on the following
grounds:
A.
Failure
to maintain vehicles in good and safe order and in compliance with
all laws;
B.
Any
false statement made on an application submitted under this chapter;
C.
Failure
to pay any fees as required under this chapter;
D.
Repeated
and persistent violations by the permittee or the permit holder's
drivers of the traffic laws of the city, county or state;
E.
The
employing of a driver who does not have a valid taxicab driver's permit
under the requirements of this chapter;
F.
Violations
of any of the provisions of this chapter by the permit holder;
G.
Charging
rates in excess of the amounts stated in the permit application;
H.
Conviction
of a felony within five years of the date of application where such
felony involved fraud or dishonesty by the applicant with respect
to any member of the public, or where any taxi owned or operated by
the applicant was used in connection with the commission of such felony.
(Code 1980, § 8.30.050; Ord. No. 501, § 1, 1992; Ord. No. 870 (Recodification), 2014)
A.
Every
person engaging in or carrying on the business of taxicab service,
or engaged in the activity of driving a taxicab, shall pay an annual
permit fee as established by resolution of the city council. Required
fees shall be paid at the time an application for a permit is submitted
under this chapter.
B.
Every
permit issued under this chapter shall terminate at the expiration
of one year from the date of its issuance unless revoked prior to
said termination. Any renewal of a permit issued under this chapter
shall be pursuant to the same requirements, procedures, provisions
and regulations set forth in this chapter for an original permit.
A person holding a taxicab service permit may not drive a taxicab
without also possessing a taxicab driver's permit. Permits issued
under this chapter may not be transferred to any other person.
(Code 1980, § 8.30.060; Ord. No. 501, § 1, 1992)
A.
Except
as otherwise provided by law, each taxicab shall be equipped with
a taximeter that has been inspected and certified by the county division
of weights and measures. Each taximeter shall have affixed to it written
or other evidence that such taximeter has been so inspected and is
currently certified.
B.
Except
as otherwise provided by law, it is unlawful for any person operating
a taxicab to operate such vehicle unless it has approved rates conspicuously
posted for passenger observation, and unless it is equipped with a
taximeter of such type and design as approved by a county division
of weights and measures. It shall be the duty of every permittee hereunder
using any taximeter to, at all times, keep such meter accurate. Such
meters shall be subject to inspection from time to time by any police
officer of the city or any authorized inspector delegated to this
purpose. Upon the discovery of any inaccuracy of a taximeter, the
permittee shall remove or cause to be removed any vehicle equipped
with such taximeter from the streets of the city until such taximeter
has been correctly adjusted and certified by the county division of
weights and measures.
(Code 1980, § 8.30.065; Ord. No. 543, § 3, 1995)
A.
It is
unlawful for any person to accept any person as a passenger in a taxi
within the city, or otherwise provide transportation services by taxi
beginning in the city, without having a current taxicab driver's permit
issued pursuant to this chapter.
B.
Notwithstanding subsection A of this section, the finance director may accept current taxicab driver permits issued by another city or county where such city's or county's permitting requirements meet the minimum standards of this chapter and, in the director's discretion, provide for the safety of the residents of the city. In such case, a taxicab driver may operate with that permit in lieu of a permit issued by the city.
(Code 1980, § 8.30.070; Ord. No. 501, § 1, 1992; Ord. No. 543, § 4, 1995; Ord. No. 870 (Recodification), 2014)
A.
Any
person desiring to obtain a taxicab driver's permit shall submit a
written application to the business license division of the finance
department. The application shall provide requested information, under
penalty of perjury, on application forms supplied by the business
license division of the finance department regarding the following:
1.
Pertinent
personal data and proof of possession of a valid Class 3 driver's
license issued by the state;
2.
Physical
condition affecting driving ability;
3.
Driving
record for three years prior to application, including, but not limited
to, any and all convictions of any provisions of the Vehicle Code;
4.
The
date and nature of any and all criminal convictions of the applicant
for the previous five years;
5.
Summary
of experience in driving motor vehicles, taxis and/or other vehicles
for hire;
6.
The
name and address of the taxicab service by which the applicant will
be employed.
B.
Each
applicant shall provide two passport size photographs, be fingerprinted
by the city police department and a criminal records check shall be
conducted on the applicant. The applicant will be required to pay
the established fees for such services in addition to the taxicab
driver's permit fee. A driver obtaining a permit renewal need not
be fingerprinted and photographed if the sheriff determines that such
is not necessary for permitting purposes.
(Code 1980, § 8.30.080; Ord. No. 501, § 1, 1992; Ord. No. 870 (Recodification), 2014)
A taxicab driver's permit may be denied or revoked on the following
grounds:
A.
The
driver does not possess a valid Class 3 driver's license issued by
the state, or any other permit or license required by law;
B.
The
driver has been convicted of a crime within the last five years which
involved:
1.
Fraud
or dishonesty with respect to any member of the public;
2.
Driving
while under the influence of alcohol or drugs;
3.
Injuries
to any member of the public as a result of such driver's operation
of a taxi;
4.
Any
assault or battery, or other violent behavior against any person;
5.
The
sale of illegal drugs;
C.
The
driver has been convicted of driving a taxicab recklessly within the
preceding two years;
D.
The
driver has repeatedly and persistently violated the traffic law of
the city, county or state;
E.
Within
the last five years:
1.
The
driver has driven any passenger in a taxicab which the driver knew
or should have known was not in good order and repair;
2.
The
driver has violated any of the provisions of this chapter;
3.
The
driver has charged any person more than the established rate for taxicab
service;
4.
The
driver has had any permit to operate a taxicab revoked;
F.
The
driver has made false statements on an application submitted under
this chapter;
G.
The
driver is required to register under Penal Code § 290;
H.
The
driver has been convicted of a violent felony at any time and the
finance director has reasonable cause to believe that such driver
continues to constitute a threat to the public health, safety or welfare;
I.
The
driver is not at least 18 years of age.
(Code 1980, § 8.30.090; Ord. No. 501, § 1, 1992; Ord. No. 543, § 5, 1995; Ord. No. 870 (Recodification), 2014)
If the city council, or its designee, upon payment of all required
fees, submittal of the required application and proof of completion
of fingerprinting and photographing, finds that the applicant is duly
qualified, in compliance with the provisions of this chapter, and
there are no grounds for denial, the applicant shall be issued a taxicab
driver's permit. Any applicant denied a permit shall be given written
notice of the reasons for the denial. Permits shall remain the property
of the city and are not transferable to any other driver. A permit
shall be surrendered to the city by the driver upon such driver ceasing
to engage in the activity of a taxicab driver. The taxicab driver's
permit shall set forth the driver's name and working address. Upon
payment of all required fees, the permit shall bear the driver's picture
and shall be displayed while the driver is operating the taxicab so
as to at all times be easily visible in the passenger's compartment
of the taxicab.
(Code 1980, §8.30.100; Ord. No. 501, § 1, 1992; Ord. No. 870 (Recodification), 2014)
Each taxicab driver:
A.
Shall
keep an accurate, legible record of all passengers carried, the pick
up and drop off points, and the date and time carried. This record
shall be available for up to one year for review by the director or
designee thereof;
B.
Shall
not, when otherwise available for hire, refuse to transport anyone
requesting a ride except when the safety of the driver or passenger
may be jeopardized by such transportation;
C.
Shall
wear a distinctive uniform with an emblem, badge or insignia, and
similar color scheme identifying the driver's association with a permitted
taxicab service;
D.
Shall
keep the taxicab in good mechanical condition;
E.
Shall
charge only those rates as submitted on the application or such rates
as have been approved by the director in writing;
F.
Shall
keep the taxicab in a clean and sanitary condition.
(Code 1980, § 8.30.105; Ord. No. 543, § 6, 1995)
Any person denied a permit pursuant to this chapter may appeal such denial to the city manager, or designee pursuant to section 1.12.150, by filing a written request for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing to be held before the city manager, or designee, within 30 days of the date of said notice. The city manager, or designee, shall bear the burden of proof and the appellant shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or designee, shall be final.
(Code 1980, § 8.30.110; Ord. No. 501, § 1, 1992; Ord. No. 870 (Recodification), 2014; Ord. No. 931 § 2, 2018)
No permit issued under this chapter shall be revoked until notice
is provided and a hearing to determine whether there are grounds for
revocation shall have been held before the city council or in the
city council's sole discretion before a hearing officer appointed
by the city council to hear the appeal and make a recommendation to
the city council. Notice of such hearing shall be given in writing
and served at least ten days prior to the date of the hearing thereon.
The notice shall state the grounds of the complaint against the holder
of such permit, and shall designate the time and place where such
hearing will be held. The notice shall be served upon the permit holder
by delivering the same personally or by leaving such notice at the
place of business or residence of the permit holder. In the event
the permit holder cannot be found, and the service of such notice
cannot be otherwise made in the manner herein provided, a copy of
such notice shall be mailed, certified postage fully prepaid, addressed
to the permit holder at his or her place of business or residence
at least ten days prior to the date of such hearing. The decision
of the city council shall be final. This chapter shall be enforced
by the sheriff of the county.
(Code 1980, § 8.30.120; Ord. No. 501, § 1, 1992; Ord. No. 870 (Recodification), 2014)
This chapter shall not apply to public transportation service
being performed pursuant to a contract with the city or any other
public entity in this state.
(Code 1980, § 8.30.130; Ord. No. 501, § 1, 1992)
Any taxicab service or taxicab driver performing service within
the city on the effective date of the ordinance codified in this chapter
shall have 60 days from the effective date of the ordinance codified
in this chapter to obtain permits required hereunder.
(Code 1980, § 8.30.140; Ord. No. 501, § 1, 1992; Ord. No. 870 (Recodification), 2014)
A.
Criminal
violation. It shall be unlawful for any person, firm, partnership,
or corporation to violate any provision or to fail to comply with
any of the requirements of this chapter. Any person, firm, partnership,
or corporation violating any provision of this chapter or failing
to comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by fine
not exceeding $1,000.00 or by imprisonment not exceeding six months,
or by both such fine and imprisonment. Each such person, firm, partnership,
or corporation shall be deemed guilty of a separate offense for each
and every day or any portion thereof during which any violation of
any of the provisions of this chapter is committed, continued or permitted
by such person, firm, partnership, or corporation, and shall be deemed
punishable therefor as provided in this chapter.
B.
Civil
remedies available. A violation of any of the provisions of this chapter
shall constitute a nuisance and may be abated by the city through
civil process by means of restraining order, preliminary or permanent
injunction, or in any other manner provided by law for abatement of
such nuisance.
(Code 1980, § 8.30.150; Ord. No. 501, § 1, 1992; Ord. No. 870 (Recodification), 2014)
