For the purposes of this chapter, the following words and phrases
shall have the following meanings ascribed to them unless otherwise
noted:
means and includes every motor vehicle of private appearance
not equipped with a taximeter and which is operated and hired from
a public or a private garage only, and the destination and route of
which are under the control of the passengers being carried therein,
for a compensation which is fixed in accordance with the distance
traveled, waiting time or both. No automobile for hire shall be painted
a distinctive color for the purpose of identification.
means the transportation and parking commission.
means and includes every motor vehicle which has a distinct
color or commercial appearance used in the business of carrying passengers
to various destinations; and which is hired from a public or private
garage by one or more persons; to varying destinations and routes
which are under the joint control of the driver and the passengers
being carried therein; for a compensation which is fixed in accordance
with the distance traveled by zone.
means the director of public works or his or her designee.
means and includes every person who drives or is in actual
physical control of any automobile for hire, dial-a-ride vehicle,
jitney, nonemergency medical vehicle, or taxicab.
means and includes every motor vehicle of a distinct color
or commercial appearance used in the business of carrying passengers;
and which is hired from any fixed stand or location, or is hailed;
and which travels along a fixed route; for a compensation which is
fixed in accordance with the distance traveled.
means every self-propelled vehicle used for transportation
of persons over the public highways otherwise than upon fixed rails
or tracks.
means every vehicle, operated or hired from a public or private
garage for a fixed compensation and used for the transportation of
the sick, injured, invalid, convalescent, infirm or otherwise incapacitated
persons whose medical conditions require medical transportation services
but do not require emergency services or equipment during transport.
means and includes every person owning or directing the general
operation of any automobile for hire, dial-a-ride vehicle, jitney,
nonemergency medical vehicle, or taxicab for hire.
means fitting or suited to the public need; there is both a present and future apparent reasonable need for use of the service, and the public highways and public welfare are not unduly burdened by such service. A case of "public convenience and necessity" exists where a transportation business is ready, able and willing to serve the public generally without discrimination, with reasonable efficiency, at a reasonable price, and which includes the criteria set forth under Section 5.68.090 of this chapter.
shall have the same meaning as defined in Government Code
Section 53075.5, or any successor legislation.
means and includes every motor vehicle of a distinct color
or commercial appearance used in the business of carrying passengers
in vehicles designed for carrying not more than eight persons; and
which is rented from a public or private garage or any fixed stand
or location, or is hailed, the destination and route of which are
under the exclusive control of the passengers being carried therein.
means and includes a public place alongside the curb of a
street or elsewhere in the city which has been designated by the director
of public works as reserved exclusively for the use of taxicabs.
means and includes a mechanical or electronic instrument
or device by which the charge for hire of a passenger-carrying vehicle
is mechanically or electronically calculated and registered, either
for distance traveled, or for waiting time or both, and upon which
such charge is indicated by means of figures.
(Ord. 5972 § 5, 9-14-2021)
Every owner and driver who is substantially located within the
city shall obtain a permit as required by this chapter. In addition,
a separate license shall be obtained for every motor vehicle operated
pursuant to this chapter.
(Ord. 5972 § 5, 9-14-2021)
No person shall operate or cause to be operated at any point
in the city any automobile for hire, dial-a-ride vehicle, jitney,
non-emergency medical vehicle, or taxicab, for a taxicab company substantially
located within the city, without having first procured a valid owner's
permit, a valid driver's permit to the driver thereof, and a valid
city-issued vehicle license for each vehicle, as provided in this
chapter.
(Ord. 5972 § 5, 9-14-2021)
Any owner or driver requiring a license or permit pursuant to
this chapter who does not obtain such license or permit shall be subject
to a civil penalty equal to one and one-half times the applicable
license or permit fee, or one hundred dollars, whichever is greater.
The civil penalty shall be in addition to, and not in lieu of any
other penalties provided by this code. This section shall not be construed
so as to require the issuance of any permit or license under this
chapter.
(Ord. 5972 § 5, 9-14-2021)
No owner's permit, driver's permit, or vehicle license shall
be required of the following:
A.
Any
taxicab company which is not substantially located within the city;
B.
Any
operations for which a certificate of convenience and necessity has
been granted by the California Public Utilities Commission, California
Highway Patrol, or other state agency;
C.
Any
vehicle which only transports a passenger or passengers from a point
outside of the city to a destination within the city;
D.
Any
vehicle which only transports a passenger or passengers through the
city while en route to a destination outside of the city; or
E.
Ambulances as defined in Title 13, California Code of Regulations Section 1100.2(a) or as that section may be subsequently amended.
(Ord. 5972 § 5, 9-14-2021)
A.
An owner desiring to operate additional vehicles over and above the number currently approved shall submit an application therefor to the community development department setting forth all of the information required by this chapter in an original owner's permit application. Applications for additional vehicles must be made during the application acceptance period as described in subsection 5.68.070(A). All applications may be granted or denied in whole or in part, and conditions may be imposed pursuant to the procedure and conditions set forth in this chapter.
B.
Applications for any additional vehicles for non-emergency medical vehicles shall be considered by the director of public works. All applications for any additional automobiles for hire, dial-a-ride vehicles, jitneys or taxicabs shall be considered by the commission which shall hold a public hearing thereon. The commission's determination of applications for additional taxicab vehicle licenses shall be pursuant to Section 5.68.060.
(Ord. 5972 § 5, 9-14-2021)
A.
There
shall be a maximum number of taxicab vehicle licenses which may be
issued by the city. The commission may on an annual basis review and
adjust said maximum number of taxicab vehicle licenses permitted in
the city based upon all of the following considerations:
1.
The
number of taxicabs already in operation as of July 1 of the current
year;
2.
Whether existing taxicab transportation is adequate to meet public convenience and necessity, as defined in Section 5.68.010.
3.
The
probable effect of increased service on local traffic conditions;
and
4.
The
character, experience and responsibility of the applicant as determined
through the application and background investigation.
B.
The commission may determine the maximum number of taxicab vehicle licenses available to owner's permit applicants or applicants for additional vehicles for existing taxicab owners pursuant to Section 5.68.050, by using the following methodology:
1.
In the event the city receives no more than one application for a taxicab owner's permit pursuant to Section 5.68.070 or for additional taxicab vehicle licenses pursuant to Section 5.68.050, the commission may award to said applicant any number of taxicab vehicle licenses up to and including 10% of the existing taxicab vehicle licenses currently issued and in use in the city as of July 1 of the year said application is under consideration but in no event shall the total number of taxicab vehicle licenses exceed the maximum amount established by the commission pursuant to this Section 5.68.060.
2.
In the event the city receives two or more applications for new taxicab owner's permits pursuant to Section 5.68.070 or for additional taxicab vehicle licenses pursuant to Section 5.68.050, the commission may allocate among said applicants a total number of vehicle licenses up to and including 10% of the existing vehicle licenses currently issued and in use in the city as of July 1 of the year said applications are under consideration but in no event shall the total number of taxicab vehicle licenses exceed the maximum amount established by the commission pursuant to this section.
3.
Any
unallocated vehicle licenses may be available for allocation the following
year and each successive year until all vehicles up to the maximum
amount pursuant to this section are allocated.
(Ord. 5972 § 5, 9-14-2021)
A.
Application Acceptance Period. Except for applications for special taxicab owner's permits pursuant to Section 5.68.100, all applications for owner's permits shall be submitted to the community development department during the application acceptance period which shall commence from the first day of July through and including the first day of August of each calendar year. Applications shall not be accepted after the expiration of said acceptance period unless the applicant demonstrates, to the director of public works for non-emergency medical vehicles or to the commission for automobiles for hire, dial-a-ride vehicles, jitneys, or taxicabs, by a preponderance of the evidence, that there is a current or immediate future anticipated need for new or additional service or that existing operators have failed to provide an adequate level of service. Upon a finding of good cause, the director of public works or the commission may accept such application outside the application acceptance period.
B.
Additional
Application Requirements. Applications for an owner's permit shall
include the following information:
1.
Business
Address. Provide business address of location from which business
will be conducted, where dispatch will be conducted and each location
at which the business's vehicles will be garaged;
2.
Vehicle
Description. A description of each motor vehicle the applicant proposes
to use, including, but not limited to: the number, make, model, model
year and type of vehicle(s); the vehicle license number(s); and the
vehicle identification number(s) if available. If such information
is not available at the time that the application for an owner's permit
is submitted to the community development department, the applicant
shall submit such information to the community development department
for certification prior to issuance of an owner's permit;
3.
Color
Scheme. A permanently applied color scheme, name, monogram or insignia
which is not in conflict with, and does not imitate any color scheme,
name, monogram or insignia in current use by another entity. Applicants
must submit a mockup or photo of the color scheme and logo on a proposed
vehicle;
4.
Vehicle Storage. Show written proof of the street number and exact location of the public or private garage from which each vehicle shall be garaged. No more than one vehicle may be stored at each residential address and only off-street on private property at said residential address. Permittee shall not operate from a residence in the city without a valid home occupancy permit issued pursuant to Chapter 30.45 of this code.
5.
Fare
Schedule. A schedule of the rates of fares to be charged for carrying
passengers. In the case of dial-a-ride vehicles, a map of fare zones
shall also be filed, and in the case of jitneys, a map of the routes
to be established shall be filed;
6.
A
resume showing the past experience of the applicant relating to the
operation of the activity being requested and the name, address, telephone
number and past experience of the person to be in charge of the premises
or business;
7.
Submit
at least one professional reference;
8.
A
statement as to any and all existing owner's permits in other jurisdictions,
copies of said owner's permits in each jurisdiction and the name,
address, and telephone number of a representative of such jurisdictions
where said owner's permits are held;
9.
A
statement as to any previous permit suspensions, denials, terminations,
cancellations or revocations in any jurisdiction and an explanation
of the circumstances regarding same;
10.
The applicant's agreement to submit to a background investigation
which shall be conducted by agencies deemed appropriate by the city;
11.
Operating Plan. Except for non-emergency medical vehicle applicants,
submit a detailed explanation of how business will be conducted containing
at least the following information:
13.
Statement of Public Convenience and Necessity. Except for non-emergency medical vehicles, submit at least one statement of public convenience and necessity as defined in Section 5.68.090 from a prospective customer who resides or does business within the city. Applicants may also submit any market research, business plan, or other information that demonstrates a need for their services;
14.
Safety and Training Information. Submit a copy of any safety or training
information provided to employees including drivers;
15.
State whether the applicant has in force a controlled substance and
alcohol testing program, and if so, submit a copy of same;
(Ord. 5972 § 5, 9-14-2021)
A.
Director
of Public Works or Commission Determination.
1.
Upon
the director of public works' determination that an owner's permit
application meets the requirements of this chapter, the director of
public works shall promptly set a date for a public hearing to be
held by the commission. Public notice of such hearing shall be given
by publishing a notice thereof once in the city's official newspaper
at least 10 days before the time of such hearing. Notice of such hearing
shall also be given to all persons who currently possess valid owner's
permits.
2.
An
application for a non-emergency medical vehicle owner's permit shall
be investigated by the director of public works. Upon the director
of public works' determination that such application meets the requirements
of this chapter, the director of public works shall grant or deny
such application in whole, in part, or conditionally, including, but
not limited to, reducing the number of requested vehicles, reducing
the term of the applicant's permit, or both.
B.
Findings.
The commission may grant an owner's permit for automobiles for hire,
dial-a-ride vehicles, jitneys, or taxicabs in whole, in part, or conditionally
including but not limited to reducing the number of requested vehicles,
reducing the term of the applicant's permit, or both only if it finds
all of the following:
1.
That
the application complies with all the terms and conditions of this
chapter;
2.
That the applicant has proven by a preponderance of the evidence that public convenience and necessity, as defined in Section 5.68.010, requires the operation of the vehicle(s) listed in the permit application. The commission may consider such factors as set forth in Section 5.68.090. The commission shall have the power to deny the granting of an owner's permit if public convenience and necessity does not require the same or for any reasonable cause which, in the commission's sound discretion, is contrary to the public welfare;
C.
Effective Date of Owner's Permits. For all vehicles, owner's permits shall become effective upon approval and findings of fact by the commission or the director of public works, the issuance of one or more driver's permits, and the certification by the director of public works that the vehicle(s) listed under the application comply with the requirements of Section 5.68.370 of this chapter.
D.
Upon
being granted an owner's permit; the applicant shall have 90 days
from the date of commission or director of public works approval to
install all the necessary equipment required by this chapter on the
vehicle(s) listed under the application. Said 90 day time period is
solely for the purpose of permitting the applicant time to expend
the funds necessary to properly outfit said vehicle(s) and does not
grant any right to operate said vehicle(s) prior to the director of
public works' certification.
E.
In the event a person possessing an owner's permit does not obtain all the vehicle licenses as allocated to said person by the commission or director of public works, within 90 days from the date of said commission or director of public works approval, said person is precluded from obtaining additional vehicles until the following application acceptance period. At such time, said person may apply for additional vehicles over the number in use by said person pursuant to the procedure set forth in Section 5.68.370 of this chapter.
F.
If, upon inspection, the vehicle(s) described in the application are found to comply with the requirements of this chapter, the director of public works shall certify said vehicle(s), issue an owner's permit certificate pursuant to requirements and procedures in Section 5.04.050, but for a period of time not to exceed five years, and issue an annual vehicle license for each vehicle pursuant to Section 5.68.370 of this chapter.
G.
All persons possessing owner's permits must apply for renewal permits within the application acceptance period pursuant to Section 5.68.070 within sufficient time so as to prevent such owner's permits from expiring.
H.
If for any reason the director of public works denies certification of any vehicle(s) described in the applicant's owner's permit application, said owner's permit shall be deemed denied pursuant to Section 5.68.110.
I.
All permittees shall provide written notice to
the director of public works within 30 days of any change in the following:
a.
Corporate
status;
b.
Business
address;
c.
Vehicle
description;
d.
Color
scheme;
e.
Vehicle
storage location;
f.
Fare
schedule;
g.
Insurance
policies;
h.
Corporate
officers; and
i.
Permit
suspensions, denials, terminations, cancellations or revocations in
any jurisdiction and an explanation of the circumstances regarding
same.
(Ord. 5972 § 5, 9-14-2021)
A.
For automobiles for hire, dial-a-ride vehicles, jitneys, or taxicabs, the commission, when considering findings for public convenience and necessity as set forth in Section 5.68.080, may consider, but is not limited to, the following factors:
1.
Applicant
meets all the requirements set forth in this chapter;
2.
Applicant
has provided sufficient proof of all of the following:
a.
Experience in the business for which he or she is applying;
b.
Meets the insurance requirements of this chapter;
c.
Has a dispatch system sufficient to perform the services outlined
in the application;
d.
Has an effective safety training program for drivers;
e.
Has the financial ability to acquire the vehicles necessary to comply
with requirements set out in this chapter; and
f.
Has proper storage facilities for such vehicles;
3.
Evidence
of having an owner's permit in good standing in other jurisdictions
where applicant is currently permitted or has previously been permitted;
4.
The
scope of service to be provided by the applicant;
5.
The
reliability of the applicant's equipment;
6.
Complaints
on file with the community development department, public works department,
or city clerk registered against the current operator(s);
7.
Innovative
proposals of service to the public presented by the applicant, including,
but not limited to, guaranteed ride home programs, special services
for the elderly and non-ambulatory persons and/or the use of vehicles
utilizing clean fuel technology; and
8.
Applicant
has provided sufficient evidence demonstrating the need for additional
service.
(Ord. 5972 § 5, 9-14-2021)
A.
Notwithstanding
any provision of this chapter or any other ordinance of the city,
this section shall apply to a taxicab owner who desires a taxicab
owner's permit to operate before, during or after a special event
or in the wake of a local or state declared disaster.
B.
In the event of a local or state declared disaster or special event as described herein, a person may apply for a taxicab owner's permit pursuant to the procedure set forth under this chapter, except that such person applying for a special permit hereunder need only comply with the following sections of this code: Sections 5.68.020, 5.68.030, 5.64.035, 5.68.070(B), 5.68.170 through 5.68.240, 5.68.290, 5.68.310, 5.68.360 and 5.68.380.
C.
Any
person desiring an owner's permit under this section shall submit
an application therefor pursuant to Section 5.84.090(B), to the community
development department. Upon receipt of the application, a copy shall
be forwarded to the director of public works and the director of public
works shall then place the application on the next available agenda
for city council consideration. In the case of a local or state declared
disaster, the application may be considered for immediate action by
the city council at an emergency meeting pursuant to California Government
Code, Section 54956.5. Same shall be acted upon by the city council
without the necessity of a public hearing. It shall be left to the
discretion of the city council to grant or deny any such permit and
to limit the length of time any such permit shall be deemed valid.
However, in no event shall any such permit be valid for a period in
excess of 60 days. Nothing contained herein shall preclude an applicant
from reapplying for a permit in the event of a local or state declared
disaster or special event here under, for additional periods of time
for the same event or during or after the same local or state declared
disaster.
For the purposes of this section, the determination of what
constitutes a special event shall be left to the discretion of the
council. However, in order to guide prospective applicants and the
council, special events include, but are not limited to, regional
or local events calculated to draw a large number of people to either
the city or the region, such as the Rose Bowl, World Cup Soccer tournament,
or other local or regional events deemed to be of sufficient magnitude
to warrant, in the council's sole discretion, the temporary need for
additional taxicabs.
D.
Upon
approval of a permit hereunder, the director of public works shall
cause such vehicle to be inspected to determine if same is safe to
operate as a taxicab in Glendale. A fee for such inspection shall
be imposed as established by resolution of the council. Upon passing
inspection, the community development department shall issue a license
for each vehicle.
(Ord. 5972 § 5, 9-14-2021)
A.
The director of public works, in the case of non-emergency medical vehicles, or the commission in the case of automobiles for hire, dial-a-ride vehicles, jitneys or taxicabs, may deny an application for an owner's permit according to Section 5.04.050 or revoke or suspend an owner's permit according to Section 5.04.100 or if, based on substantial evidence, the director of public works or the commission finds any one of the following:
1.
That
a permittee or applicant for an owner's permit fails to comply with
all the terms and conditions of this chapter; or
2.
Any motor vehicle proposed to be operated is inadequate or unsafe, or fails to pass the director of public works' certification pursuant to Section 5.68.080 of this chapter; or
3.
That
the applicant has been convicted of a felony, violation of any narcotic
law, or any penal law involving moral turpitude.
B.
The
director of public works or commission shall have the power to deny,
revoke, or suspend any owner's permit if it finds based on substantial
evidence, that the public convenience and necessity does not require
the same or for any reasonable cause which, in its sound discretion,
is contrary to the public welfare, including, but not limited to,
the dispatching of an unlicensed or unpermitted driver or vehicle.
C.
Conviction of any offense set forth in Sections 5.68.150(A) and 5.68.380 of this chapter shall constitute grounds for summary denial of an application for an owner's permit by the chief of police, city manager or director of public works, or any designee thereof. Except as otherwise provided, the exercise of such power shall be subject to the affected applicant or permittee having been given adequate notice and opportunity to be heard pursuant to Section 5.68.150(B).
D.
Incomplete,
incorrect or false information on an owner's permit application or
renewal, whether or not the applicant intended to submit the application
in such a manner. Such applicant shall not be entitled to reapply
for an owner's permit for a period of one year from the date of denial
or revocation.
(Ord. 5972 § 5, 9-14-2021)
Any person aggrieved by the denial, revocation, or suspension of an owner's permit, a permit for operating additional vehicles pursuant to Section 5.68.050 of this chapter, or from the denial of an application filed outside the acceptance period pursuant to Section 5.68.070(A), may appeal the decision pursuant to this chapter. Appeals of a decision of the director of public works regarding any non-emergency medical vehicle permits or applications shall be made to the commission, and there shall be no right of appeal thereafter. Appeals of a decision of the commission regarding any automobile for hire, dial-a-ride vehicle, jitney or taxi permits or applications shall be made to the city council. All appeals shall be made within the time and the manner provided in Chapter 2.88 of this code.
(Ord. 5972 § 5, 9-14-2021)
A.
Any driver desiring to obtain a driver's permit required by Section 5.68.030 shall make application therefor to the community development department according to application requirements and procedures in Section 5.04.050. Non-emergency medical vehicle drivers shall meet the requirements of this chapter in addition to any other requirements or regulations pursuant to state law.
B.
Applications
for a driver's permit shall include the following additional information:
1.
Three
recent photographs (2″ x 2″ head and shoulders) of applicant
taken within one year immediately preceding the filing of the application;
2.
The
applicant's name, age, business and residence addresses and telephone
numbers;
3.
The
applicant's past experience in operating automobiles;
4.
The
names and addresses of the applicant's current employer and previous
employers during the preceding three years;
5.
A
copy of the applicant's valid California driver's license;
6.
For
non-emergency medical vehicle drivers, a verified copy of the applicant's
valid adult CPR and emergency first-aid certificates;
7.
A
statement as to whether a driver's license has ever been issued to
the applicant by any other state or governmental agency and whether
any driver's license issued to the applicant has ever been suspended
or revoked;
8.
Convictions,
if any, in any court of law;
9.
A
signed agreement to submit to a background investigation and a local
warrant check;
10.
A set of fingerprints reviewed and approved by the community development
department;
11.
The name and address of the owner of the vehicle;
12.
The endorsement of the applicant's employer if the applicant is not
self-employed;
13.
A copy of the applicant's driver's record from the California Department
of Motor Vehicles;
14.
Such additional information as may be required.
C.
Prior
to operation of a taxicab and as a condition for application approval
and annual permit renewal, driver's permit applicants shall comply
with the following mandatory controlled substances and alcohol testing
certification program.
1.
Applicants
shall annually test negative for alcohol and for each of the controlled
substances as specified in Government Code Section 53075.5(b)(3)(A).
Except as set forth in subsection (C)(2) of this section, testing
shall be completed within 30 days prior to the date of application
at a certified drug testing laboratory acceptable to the community
development department. As used in this section, a negative test for
alcohol means an alcohol screening test showing a breath alcohol concentration
of less than two one-hundredths (0.02) percent.
2.
Any
negative test result from another jurisdiction shall be accepted for
one year from the date of the administration of the test as meeting
the requirement for yearly permit renewal testing if the applicant
has not tested positive subsequent to a negative result. However,
a negative test result from another jurisdiction shall only be accepted
from renewal applicants and not from new applicants.
3.
In
the case of a self-employed independent applicant, copies of the original
test results shall be reported directly to the community development
department, who shall notify the taxicab owner or leasing company
of record, if any, of the test results. In all other cases, the results
shall be reported directly to the employing taxicab owner, who shall
be required to notify the city in writing of all results.
D.
A driver's
permit shall be effective for one year from the date of issuance.
Applications for renewal shall be made with the community development
department not later than 30 days prior to the expiration date. Fingerprinting
shall be required upon initial application and every three years thereafter.
E.
In addition
to any other remedy or penalty provided in this code, any person or
corporation which fails to submit an application for renewal of a
driver's permit within the time limit prescribed in this section shall
be charged a late renewal fee, which fee shall be established by resolution
of the city council pursuant to Section 5.68.020(B). This fee shall
be in addition to any other remedy or penalty provided for elsewhere
in this code.
F.
The
driver's permit shall become void upon termination of employment.
The employer shall notify the city upon termination of employment.
The driver shall return the permit to the city upon termination of
employment.
(Ord. 5972 § 5, 9-14-2021)
Any person who has applied for a driver's permit pursuant to Section 5.68.120 of this chapter and has tested negative on a controlled substance and alcohol test pursuant to Section 5.68.120(C), shall, upon request therefore, be permitted to temporarily operate a motor vehicle under this chapter for a period not to exceed 120 days. The temporary privilege shall be issued after a review of California Department of Motor Vehicles records, local police records and, when applicable, out-of-state motor vehicle operator records, to determine whether the applicant is properly licensed and a competent person to temporarily operate an automobile for hire, dial-a-ride vehicle, jitney, non-emergency medical vehicle or taxicab. Temporary permission to operate a motor vehicle pursuant to this chapter shall be evidenced by a person's application receipt marked by the director of public works as temporary. Any temporary driver's approval shall, for all purposes, have the same force and be subject to the same conditions as any driver's permit issued under this chapter.
(Ord. 5972 § 5, 9-14-2021)
Every driver's permit issued by the director of public works
shall set forth the name of the driver, the driver's photograph and
the name of the owner of the vehicle which the driver shall use. Such
permit shall be valid only so long as the driver continues in the
employ of or other business relationship as driver for such owner.
Driver permits shall not be transferrable from one employer to another.
Each driver's permit shall be displayed conspicuously in the rear
passenger compartment of the vehicle used by the driver. Upon the
termination of such employment or business relationship, the driver
shall forthwith surrender his or her driver's permit to the director
of public works.
(Ord. 5972 § 5, 9-14-2021)
A.
Grounds
for Denial, Suspension or Revocation. In addition to violations of
any provision in this chapter, the following offenses shall constitute
grounds for denial, suspension or revocation of any temporary or permanent
driver's permit issued pursuant to this chapter. Where convictions
are required, a plea of nolo contendere or a plea of guilty for the
purposes of this chapter shall be deemed the same as a conviction.
Nothing in this section shall prevent the chief of police, city manager,
director of public works, or any designee thereof, from suspending,
denying or revoking a driver's permit for reasons other than those
listed within this section if, in his or her sound discretion, the
exercise of such permit constitutes a substantial risk to the safety
or welfare of the public.
1.
The
following offenses shall constitute grounds for immediate suspension
as set forth in subsection (B)(2) of this section. There shall be
no right of appeal:
i.
Status as a registered sex offender pursuant to Penal Code Section
290;
ii.
Conviction of possession of any controlled substance or narcotic
within the last 10 years;
iii.
Conviction of the following offenses within the last seven years:
Vehicle Code Sections 14601.3, 14601.4, 14601.5, 20001, 20003, 20004,
23104, 23153, Penal Code Sections 118, 192, 529.5 and any felony listed
in the Penal Code including those charged as misdemeanors pursuant
to Penal Code Section 17(b)(4);
iv.
Conviction of the following offenses within the last three years:
Vehicle Code Sections 31, 12500, 14601, 14601.1, 14601.2, 20002, 23103,
23152 and 23220;
v.
Conviction of any violation of this chapter within the last three
years and no more than one such violation within 12 months prior to
the date of application;
2.
Conviction
of any crime involving moral turpitude;
3.
A
driving history indicating convictions of three or more moving violations
within the last three years with two or more of such convictions occurring
within the last 12 months from the date of the application. There
shall be no right of appeal;
4.
Two
or more accidents where the applicant was found to be at fault as
indicated by records of the California Department of Motor Vehicles,
and at least one such finding occurring within 12 months prior to
the date of application. There shall be no right of appeal;
5.
Physical
or mental incapacity to safely operate any vehicle governed by this
chapter. Such incapacity may include, but shall not be limited to,
the driver's previous history of controlled substance or alcohol abuse,
or both. The determination of physical or mental incapacity may be
reconsidered upon a showing of sufficient proof, such as a written
statement from a duly licensed physician or mental health professional,
that the applicant or permittee is capable of operating the vehicle
safely and performing such other duties as are required by this chapter;
6.
Incomplete,
incorrect or false information on a driver's permit application or
renewal, whether or not the applicant intended to submit the application
in such a manner. Such applicant shall not be entitled to reapply
for a driver permit for a period of one year from the date of denial
or revocation;
7.
Substantial
evidence of facts of either physical or moral deficiencies of the
applicant which in the sound discretion of the chief of police, city
manager, the director of public works, or a designee thereof, would
render such applicant not a competent person to operate an automobile
for hire, dial-a-ride vehicle, jitney, non-emergency medical vehicle
or taxicab;
8.
The
failure of owner or driver to store vehicles at a private or public
garage; or the storage of more than one vehicle on private property
at a residence address.
B.
Procedure
for Denial, Suspension or Revocation of Drivers' Permits.
1.
The
city manager, chief of police, director of public works, or any designee
thereof, shall have the power to deny, suspend or revoke a driver's
permit upon any of the grounds set forth in this chapter. Except as
otherwise provided, the exercise of such power shall be subject to
the affected applicant or permittee having been given adequate notice,
pursuant to subsection (B)(3) of this section, of a hearing, the proposed
action, the reasons therefor, and a copy of the charges upon which
the action is based.
2.
Immediate
Suspension. The city manager, chief of police, director of public
works or any designee thereof, may immediately suspend a driver's
permit when it is determined that an emergency involving public health
or safety requires such suspension. Immediate suspension shall remain
in effect until such time as a disposition of the charge is reached.
3.
Notice.
The director of public works shall serve notification of the denial,
suspension or revocation by United States mail to the last known address
of the applicant or permittee. Such notice shall state the date of
the denial, suspension or revocation, the reason therefor, and a statement
that, in order to receive a hearing with regard to the denial, suspension
or revocation, the applicant or permittee shall submit a request for
such hearing in writing within 15 days of the date appearing on the
notice. Failure of applicant or permittee to respond to the notice
of hearing is a waiver of the right to the hearing and appeal, and
action may be taken without permittee being present.
4.
Hearing.
Any requested hearing shall be conducted within five days of receipt
of the request for such hearing, excluding days when city hall is
closed, weekends and holidays, by the director of public works who
shall designate a hearing officer. At the close of the hearing, the
hearing officer shall determine whether clear and convincing evidence
was shown for such denial, suspension or revocation. If such evidence
is shown, the denial, suspension or revocation shall be affirmed for
the period of time indicated in this section.
5.
Regulations
During Suspension or Revocation Period. Unless otherwise provided
herein, from the time of the denial, suspension or revocation of any
permit, no person whose permit is denied, suspended or revoked shall
drive, operate or be in charge of any vehicle regulated herein for
a period of one year from the date of denial, suspension or revocation.
The city manager, chief of police, director of public works, or any
designee thereof may invoke a longer denial period when a review of
the facts warrants more than one year. In the event of such denial,
revocation or suspension of a driver's permit, such certificate as
may be issued in connection therewith shall be, by the holder thereof,
forthwith surrendered to the director of public works.
C.
The
provisions of this chapter are non-exclusive and supplementary to
existing rights and remedies of the city. Nothing in this chapter
shall prevent the city from commencing any appropriate action with
respect to enforcement of this chapter. This chapter shall supplement
and be in addition to other regulatory codes, statutes and ordinances
heretofore or hereafter enacted by the city, state or any other legal
entity or agency having jurisdiction.
(Ord. 5972 § 5, 9-14-2021)
Unless an appeal is prohibited by this code, any person aggrieved by a decision regarding the denial, suspension or revocation of a driver's permit may appeal said decision to the commission. All such appeals shall be made within the time and manner provided in Chapter 2.88 of this code. The decision of the commission is final.
(Ord. 5972 § 5, 9-14-2021)
A.
No person shall drive or operate any dial-a-ride vehicle, jitney, non-emergency medical vehicle or taxicab for a taxicab company substantially located within the city other than one bearing the color scheme, name, monogram or insignia set forth in the application for the permit as provided in Section 5.68.070. No person shall change the color scheme, name, monogram or insignia without first having filed a written petition with the director of public works requesting such change. The petition shall include the reason for the proposed change, an outline of the specific change(s) and a vehicle illustration. The new color scheme, name, monogram or insignia shall not conflict with or imitate any color scheme, name, monogram or insignia used by another person in such manner as would mislead, deceive or defraud the public.
B.
No person
shall drive or operate any automobile for hire, dial-a-ride vehicle,
jitney, nonemergency medical vehicle or taxicab, for a taxicab company
substantially located within the city, other than one bearing the
vehicle identification number set forth in the application for the
permit or license as provided in this chapter. No substitute vehicles
shall be allowed.
C.
All
persons or corporations having an owner's permit pursuant to this
chapter shall submit to the director of public works, upon request
of the community development department, a statement signed under
penalty of perjury showing the make, model, year, vehicle license
number and vehicle identification number of each vehicle which is
to be available for hire commencing July 1 of that year.
(Ord. 5972 § 5, 9-14-2021)
The owner of every automobile for hire, dial-a-ride vehicle,
jitney or taxicab operating under this chapter in the city shall file
with his or her application for an owner's permit a true and correct
schedule of fares to be charged for the transportation of passengers
in any and all vehicles operated by such owner, and such owner shall
not change or amend the fares in any manner without first filing such
changed or amended fares with the director of public works 30 days
prior to the effective date of such change or amendment. No person
shall charge, collect or receive any other or different compensation
for the use of such automobile for hire, dial-a-ride vehicle, jitney
or taxicab than that specified in the schedule of fares on file with
the director of public works and at the time in effect.
(Ord. 5972 § 5, 9-14-2021)
A.
Every
automobile for hire, dial-a-ride vehicle, jitney, non-emergency medical
vehicle and taxicab operating under this chapter shall have displayed
in plain view in the rear passenger compartment thereof at all times
a sign stating in clearly legible characters the rates of fare charged
for carrying passengers therein, the owner's name or the fictitious
name under which the owner operates, the business address and telephone
number of such owner, and the license number furnished by the community
development department.
B.
In addition to the sign required under subsection A of this section, every automobile for hire, dial-a-ride vehicle, jitney, non-emergency medical vehicle and taxicab operating under this chapter shall have displayed in plain view in the rear passenger compartment thereof a permanently affixed printed sign not less than eight by five inches in size with lettering not less than three-sixteenths (3/16) of an inch in height (or 18 point Helvetica regular), which sign shall contain the minimum following language:
NOTICE TO PASSENGERS This vehicle is regulated for your health,
safety, and convenience. The regulations require:
1.
This
vehicle to be kept neat, clean and sanitary.
2.
The
driver shall be courteous and neat and clean in appearance.
3.
Smoking
by the driver or passengers is prohibited.
|
If you have any reason to believe that this vehicle has not
been operated in compliance with these requirements or that the service
provided has been unsatisfactory, please call the city of Glendale
at (818) 548-2140 between 8:00 a.m. and 5:00 p.m. GMC Sec. 5.68.360.
|
|
The exact location of the signs required by this section shall
be approved by the director who shall be guided solely by the criteria
set forth above.
|
(Ord. 5972 § 5, 9-14-2021)
No owner or driver of any taxicab operated in the city pursuant
to the terms of this chapter, shall have any such vehicle not equipped
with a taximeter of such type and design as may be approved by the
city manager or director of public works. The owner of such taxicab
shall keep such meter accurate at all times. Such meter shall be subject
to inspection from time to time. The city manager, director of public
works or a designee thereof or any police officer of the city is authorized
at his or her instance or upon the complaint of any person, to investigate
such taximeter and upon discovery of any inaccuracy of such taximeter
to remove or cause to be removed from service any such vehicle equipped
with such taximeter until such taximeter shall have been repaired
and accurately adjusted.
(Ord. 5972 § 5, 9-14-2021)
The charge for any service to all patrons of a taxicab operating
under this chapter shall be calculated and indicated by a taximeter,
which shall be placed in each vehicle so operated so that the reading
dial showing the amount to be charged shall be well lighted and readily
discernible by the passenger riding in any such taxicab.
(Ord. 5972 § 5, 9-14-2021)
No driver of any taxicab operating under this chapter shall
display the "flag" attached to the taximeter in the "in use" position
until the passenger has entered the taxicab, except in the case of
a request for a taxicab at a specified time and location in which
case the "flag" may be placed in the "in-use" position at the time
and location requested by the customer, or at any time thereafter,
after the driver has personally contacted such customer. No driver,
while carrying passengers, shall display the "flag" in such position
as to denote that such vehicle is not employed, or to fail to place
the "flag" in the "home" or "for hire" position at the termination
of each and every service.
(Ord. 5972 § 5, 9-14-2021)
No driver of any taxicab operating under this chapter, upon
receiving full payment for a fare as indicated by the taximeter, shall
refuse to give a receipt upon the request of any passenger making
such payment. Such receipt shall indicate the amount of the fare,
the date, the initial location and destination of the trip, the taxicab
number, and the name of the driver.
(Ord. 5972 § 5, 9-14-2021)
A.
The
services of a taxicab operating pursuant to any permit granted under
this chapter shall be available only upon telephone call, engagement
of the taxicab when parked at a taxicab stand or when hailed, but
not otherwise. No taxicab driver, owner, or his or her agent shall
solicit passengers from or about the vehicle.
B.
No owner
or driver of any taxicab shall park or stand the same upon any public
highway in the city for any period of time longer than is necessary
to discharge or receive passengers.
(Ord. 5972 § 5, 9-14-2021)
All persons engaged in the taxicab business in the city operating
under this chapter shall render an overall service to the public desiring
to use taxicabs and shall keep open 24 hours a day for the purpose
of receiving orders and dispatching vehicles. They shall answer and
dispatch all calls received as soon as possible, and if service cannot
be rendered within a reasonable time, they shall so notify the prospective
passenger the approximate time that service can be rendered and give
the reason therefor. The holder of any owner's permit who refuses
to accept a call anywhere within the corporate limits of the city
at any time when such owner has available vehicles or who fails or
refuses to give service without reasonable cause relating to the health,
safety or welfare of the driver, shall be deemed to be in violation
of this chapter and his or her owner's permit shall be subject to
revocation procedures.
(Ord. 5972 § 5, 9-14-2021)
The services of an automobile for hire operating pursuant to
any permit granted under this chapter shall be available only upon
telephone call or upon engagement at the public or private garage
from which such vehicle is operated. No person shall cruise or cause
or permit to be cruised any automobile for hire. An automobile for
hire shall be deemed to be cruising when it solicits or takes on any
passenger other than in response to an order given at its garage,
or in response to a telephone call requesting transportation.
(Ord. 5972 § 5, 9-14-2021)
The services of a dial-a-ride vehicle operating pursuant to
any permit granted under the provisions of this chapter shall be available
only upon telephone call. No dial-a-ride vehicle driver, owner, or
his or her agent shall solicit passengers from or about the vehicle.
(Ord. 5972 § 5, 9-14-2021)
The services of a jitney operating pursuant to any permit granted
under this chapter shall be available only upon engagement of the
jitney at locations along its fixed route, but not otherwise. No jitney
driver, owner or his or her agent shall solicit passengers from or
about the vehicle.
(Ord. 5972 § 5, 9-14-2021)
When a taxicab or automobile for hire operating under this chapter
is engaged, the occupants shall have the exclusive right to the full
and complete use of the passenger compartment, and no owner or driver
of such taxicab shall solicit or carry additional passengers therein.
(Ord. 5972 § 5, 9-14-2021)
No person shall 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 such vehicle with the intent to defraud the person from whom it is hired shall be punishable as provided in Chapter 1.20.
(Ord. 5972 § 5, 9-14-2021)
Any driver operating under this chapter employed to carry passengers
to a definite point shall take the most direct route possible that
will carry the passenger safely and expeditiously to the passenger's
destination; except that in the case of dial-a ride vehicles the driver
shall proceed as expeditiously as possible in the general direction
of all of the passengers, taking into consideration requests from
additional customers, leaving such passengers at their prescribed
destinations; and in the case of jitneys the driver shall travel a
fixed route.
(Ord. 5972 § 5, 9-14-2021)
A.
No private
ownership of stands in any public street or alley shall be permitted.
The director of public works shall establish taxicab stands and determine
the dimensions and locations thereof on any public street or alley.
No taxicab stand shall be of a size or at a location other than that
approved by the director of public works. The commission shall make
any regulations which it deems necessary for the designation and use
of taxicab stands upon public property. Nothing in this chapter shall
prevent the private ownership of taxicab stands on private property.
B.
All
taxi drivers holding permits from a city or county in Los Angeles
County may park any permitted taxicab in any taxicab stand, while
awaiting employment. A driver may not use any taxicab stand where
a vehicle from the same operator is already parked. Only the driver
who is located in the first space of the taxicab stand may receive
passengers. A driver shall occupy a taxicab stand only when available
for immediate hire.
C.
Any driver who fails to comply with this section shall be guilty of an infraction as set forth in Chapter 1.20 of this code. In addition to the fines imposed therein, upon the third conviction for a violation of this section, the driver's permit shall be revoked for a period of one year from the date of conviction pursuant to the procedure set forth in Section 5.68.150(B) of this chapter.
D.
All
holders of validly-issued taxicab owner's permits shall pay a taxicab
stand fee. Said fee shall be established by resolution of the city
council. If the director of public works changes the location or dimensions
of a taxicab stand, the city council may modify said fee accordingly.
(Ord. 5972 § 5, 9-14-2021)
The director of public works shall have the power to change
or propose a new location for an existing taxicab stand.
(Ord. 5972 § 5, 9-14-2021)
A.
Every
automobile for hire, dial-a-ride vehicle, jitney, non-emergency medical
vehicle or taxicab operating under this chapter shall be maintained
in a safe, neat, clean and sanitary condition.
B.
Every
automobile for hire, dial-a-ride vehicle, jitney, non-emergency medical
vehicle or taxicab operating under this chapter shall be equipped
with an air conditioning unit. These air conditioning units are to
be in good working condition at all times.
C.
The
driver of all such vehicles shall be courteous and clean of body and
wearing apparel.
D.
Smoking
by drivers or passengers in any such vehicle while same is available
for, or actually hired for use, shall be prohibited.
E.
All
vehicle for hire operations operating under this chapter shall have
disabled accessible vehicles as required by federal law as it now
exists or may hereafter be amended.
(Ord. 5972 § 5, 9-14-2021)
No automobiles for hire or taxicabs operating under this chapter,
exceeding eight years of age from January 1 of the year of manufacture
shall be allowed to operate within the city. No non-emergency medical
vehicle exceeding 15 years of age from January 1 of the year manufacture
shall be allowed to operate within the city.
(Ord. 5972 § 5, 9-14-2021)
A.
No vehicle
shall be permitted to operate pursuant to this chapter without identification
decals, issued by the community development department, signifying
authority to operate in the city. Automobiles for hire, dial-a-ride
vehicles, jitneys, and non-emergency medical vehicles shall be identified
by one decal permanently affixed to the left rear bumper of said vehicle.
Taxicabs shall be identified by two annual vehicle license decals
placed in the center of the taxicab identification decals permanently
affixed to the upper front portion of the right and left front doors,
respectively.
B.
Decals
shall be issued by the community development department upon payment
of a vehicle identification decal fee, as established by resolution
of the city council pursuant to Section 5.68.020(B).
C.
Vehicle identification decal(s) shall remain affixed to the vehicle(s) until such a time as the age of the vehicle(s) exceed the vehicle age limit pursuant to Section 5.68.363, in the event of revocation or suspension of the owner's permit under which the vehicle operates pursuant to Section 5.68.110, or in the event of accident in which the vehicle cannot be repaired. In the event of any of the aforementioned situations, all identification decals shall be removed completely from the vehicle, placed on backing paper, and returned to the community development department. The fee for the decals shall not be refunded upon return of the decal.
(Ord. 5972 § 5, 9-14-2021)
A.
Issuance of Vehicle Licenses. No owner or driver substantially located within the city shall operate, or cause to be operated, any automobile for hire, dial-a-ride vehicle, jitney, non-emergency medical vehicle or taxicab until after the owner or driver completes the following actions to the satisfaction of the director of public works: (1) payment of a vehicle license fee and all other fees as may be required under this code; (2) issuance of an annual vehicle license and identification decal; and (3) attachment of an annual identification decal to the licensed vehicle pursuant to Section 5.68.367.
B.
Annual
Inspections.
1.
Annual
vehicle licenses and identification decals shall be issued by the
community development department only upon the successful completion
of an annual safety and compliance inspection.
2.
For
vehicle license renewals, such inspections shall be conducted at least
60 days prior to the expiration of said vehicle license.
3.
For
taxicabs under five years of age the community development department
shall conduct an annual safety and compliance inspection and certification.
All taxicabs regardless of age shall pass an additional six month
inspection by an outside city-approved mechanic, at the applicant's
sole expense no later than six months after the annual inspection
and certification by the community development department.
4.
Taxicabs
exceeding five years of age and all nonemergency medical vehicles
shall pass an annual mechanical inspection by an outside city-approved
mechanic, at the applicant's sole expense.
5.
For
any outside mechanical inspection, proof of the inspection and the
results thereof shall be submitted to the community development department
not more than two weeks from the date of said inspection. Failure
to complete and submit said inspection information shall disqualify
the owner from operating said vehicle(s).
C.
No owner
or driver substantially located within the city shall operate or cause
to be operated any automobile for hire, dial-a-ride vehicle, jitney,
non-emergency medical vehicle or taxicab while the same or any of
the equipment used thereon or therewith shall be in a defective, unsafe
or unsanitary condition. The owner or driver shall keep a maintenance
log on each vehicle. Each vehicle and the maintenance log shall be
available for inspection by the city at all times.
D.
By issuance
of an owner's permit, said permittee grants permission to the community
development department, public works department, or any police officer
of the city, to investigate and inspect every such vehicle at any
time.
E.
Automobile
for hire and taxicab permittees shall retain their trip records for
a period of not less than six months. During such time, said records
shall be available for inspection by the city upon request.
F.
Every
person or corporation substantially located within the city operating
an automobile for hire, dial-a-ride vehicle, jitney, non-emergency
medical vehicle or taxicab shall pay a vehicle license fee for the
full 12 month period from July 1 of each year to June 30 of the following
year. Any person applying for a vehicle license for less than the
full 12 month period shall pay a prorated vehicle license fee.
G.
A vehicle
inspection fee established by resolution of the city council pursuant
to Section 5.84.020(B) shall be charged for each vehicle inspection
or reinspection as may be required to certify the vehicle. Vehicle
inspection fees shall be in addition to any other fee, remedy or penalty
provided for elsewhere in this code.
(Ord. 5972 § 5, 9-14-2021)
Upon request of a passenger, an owner of any automobile for
hire, dial-a-ride vehicle, non-emergency medical vehicle or taxicab
operating under this chapter shall make a diligent effort to provide
one or more child passenger restraint systems meeting applicable federal
motor vehicle safety standards.
(Ord. 5972 § 5, 9-14-2021)
A.
No owner
or driver substantially located within the city shall drive or operate
any automobile for hire, dial-a-ride vehicle, jitney, non-emergency
medical vehicle or taxicab, or cause the same to be driven or operated,
unless there is on file with the director of public works and in full
force and effect at all times while such vehicle is being operated,
a policy of insurance. The city manager, chief of police, director
of public works or any designee thereof may summarily suspend an owner's
permit or driver's permit, or both, when it is determined that a violation
of the insurance requirements of this section requires such suspension.
Except as otherwise provided, the exercise of such power shall be
subject to the provision of adequate notice to the affected applicant.
B.
Insurance
policies for all vehicles as defined in this chapter shall be evidenced
by a certificate from an insurer licensed by the state of California
to sell commercial automobile liability insurance or a foreign insurance
carrier domiciled within the United States but outside California,
with a minimum AM. Best Rating (or any other successor entity) of
B+. Said policy shall insure and indemnify the owner and passengers
riding in owner or driver's vehicle against liability for financial
loss resulting from damage to property, or injury occurring to persons
or passengers from the operation of such vehicles, in an amount not
less than $100,000 for bodily injury to any person, $300,000 for any
one accident and $50,000 for property damage.
C.
Notwithstanding the insurance requirements under subsection B of this section, an owner of an automobile for hire, dial-a-ride vehicle, jitney, non-emergency vehicle or taxicab may, in lieu of a policy of automobile liability insurance with a deductible limit, provide a policy of automobile liability insurance in the same limits as set forth in subsection B of this section with a self-insured retention not to exceed $50,000. Said policy shall include an endorsement which generally provides that such insurance provides full coverage and that the insurance carrier is obligated to pay in full, all valid liability claims notwithstanding any self-insured retention.
D.
Any policy of insurance pursuant to subsection B or C of this section and certificate evidencing same shall contain a statement of obligation on the part of the insurance carrier to notify the city of any cancellation, termination or reduction in coverage at least 30 days in advance of the effective date of any such cancellation, termination or reduction in coverage. Said policy shall include and identify any deductible limit, which limit shall be subject to approval by the risk manager or city attorney. Said policy shall provide that the insurer shall pay and satisfy any and all judgments imposed upon the insured or the operators of any of its vehicles, by operation of law for injuries to or death of persons other than employees of the insured or damages to property arising out of the operation of the motor vehicle of any kind or description for which a permit is required under this chapter. The policy of insurance and certificate evidencing same shall be subject to approval as to form by the risk manager or city attorney.
If at any time any policy of insurance pursuant to subsection B or C of this section shall be terminated, canceled, reduced in coverage, not renewed by the insurer issuing same, or the owner fails to comply with the provisions of this section, the owner shall replace such policy with another policy in full compliance with this section and show evidence of same to the director of public works no later than 30 days prior to such termination, cancellation, reduction in coverage, non-renewal or failure to comply with the provisions of this chapter. In default thereof, the director of public works shall revoke the owner's permit and license to operate according to the procedure set forth in Section 5.68.110.
E.
The
requirements of this section shall not apply to any bus service, dial-a-ride
or other transportation service which is under direct contract with
the city to provide public transportation services. Any insurance
requirements for such direct contract transportation services shall
be set forth in the contract and shall be subject to approval by the
risk manager or city attorney.
(Ord. 5972 § 5, 9-14-2021)
It shall be the duty of the chief of police and director of
public works of the city to enforce this chapter.
(Ord. 5972 § 5, 9-14-2021)
