The following terms and phrases whenever used in this chapter shall have the following meanings.
“Bus”
means every privately owned vehicle having a seating capacity of more than eight passengers, excluding the driver, and operating over the streets of South San Francisco on a regularly defined route, the service of which is rendered solely within the corporate limits of the city, and having a fixed fare.
“Chief of police”
means the chief of police of the city.
“City clerk”
means the city clerk of the city.
“Council”
means the city council of the city.
“Driver”
means every person in charge of, or operating, any taxicab, bus or rent car, as herein defined, either as agent, employee or otherwise under the direction of the owner, or as owner, as herein defined.
“Hearing officer”
means the city manager or designee.
“Owner”
means every individual, group of individuals, partnership, limited partnership, joint venture, firm, corporation or any other organizational structure having use or control of any taxicab, bus or rent car, as herein defined, whether as owner, lessee or otherwise.
“Rent car”
means every vehicle, excluding taxicabs, used for the transportation of passengers for hire over the public streets of the city and not over a defined route, for which a fee is charged and the service of which is rendered wholly within the corporate limits of the city, and such vehicle is routed as to destination under the direction of such passenger or passengers, or of such person hiring the same.
“Shuttle van”
means the same as “bus.”
“Stand location”
means a portion of a street designated by either the city council or the chief of police for the use, while awaiting employment, of any vehicle for hire as herein defined.
“Street”
means any place commonly used for the purpose of vehicular public travel.
“Taxicab”
means every vehicle with a seating capacity of eight or fewer persons, excluding the driver, operated at rates per mile, or for wait-time, or for both, used for the transportation of passengers for hire over the public streets of the city, and not over a defined route and irrespective of whether the operations extend beyond the boundary limits of the city, and such vehicle is routed as to destination under the direction of such passenger or passengers, or of such persons hiring the same.
“Taximeter”
means any mechanical instrument, appliance, device or machine by which the charge for hire of a passenger-carrying vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon the instrument, appliance, device or machine such charge is indicated by figures.
“Vehicle”
means a vehicle as defined in Section 670 of the California Vehicle Code and includes the term “motor vehicle” as defined in Section 415 therein.
“Vehicle for hire” or “vehicles for hire”
includes any and all buses, taxicabs and/or rent cars as defined herein.
(Ord. 1421 § 1, 2010)
(a) 
The purpose of this chapter is to protect the public health, safety and welfare by regulating the operation and licensing of vehicles for hire and the drivers of passenger vehicles for hire as authorized by Vehicle Code Section 21100.
(b) 
All taxicabs authorized to operate within the city shall be properly licensed with the California Department of Motor Vehicles, and shall further comply with all state and local laws and regulations relating to the licensing and commercial operation of taxicabs. All taxicabs shall be registered under the firm name or the name of the individual holding the certificate of convenience and necessity. No vehicle used or intended to be used in taxicab service in the city shall be rented to any owner or driver unless such owner or driver has obtained the appropriate permit(s) pursuant to this chapter.
(c) 
This chapter is limited in scope to the regulation of vehicles for hire as defined herein. It does not regulate vehicles or businesses required to obtain a certificate of convenience and necessity issued by the California Public Utilities Commission, nor does it apply to passenger transportation service, the regulation of which is preempted by the Federal Bus Regulatory Reform Act of 1982 (P.L. 97-261), as amended.
(d) 
This chapter does not apply to any passenger transportation service owned and operated by a public agency.
(Ord. 1421 § 1, 2010)
(a) 
It is unlawful to operate any taxicab, bus, or rent car in the city unless the owner thereof applies for and obtains a Certificate of convenience and necessity authorizing such activity (hereinafter “Certificate”), which Certificate shall be applied for, granted, and in effect, all in compliance with the provisions of this chapter and Title 20.
(b) 
The burden of proof shall be upon the applicant to establish by clear and convincing evidence the existence of public convenience and necessity for the operation of the taxicab or taxicabs specified in any application. Further, the establishment of any facts necessary to grant the Certificate shall also be the burden of the applicant to establish.
(c) 
No Certificate shall be issued until a standard, distinctive and uniform color scheme, name, monogram and/or insignia has been adopted by the applicant and approved by the city council.
(d) 
After the service for which a Certificate is granted hereunder is discontinued, or if the owner sells or discontinues his, her or its business for a period of forty-five days or longer, the Certificates granted hereunder shall be automatically cancelled and shall be reissued only in accordance with the provisions of this chapter.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) 
The application for such Certificate shall be in writing, on a form approved by the city, duly certified under oath, and it, together with two copies thereof, shall be filed first with the police department for its investigation and report. The police department shall forward an advance copy to the planning division, and shall transmit the original to the city clerk, who shall file the same.
(b) 
Each application shall include, at a minimum, the following information:
(1) 
A full identification of the applicant and all persons to be directly or indirectly interested in the business, if authorized;
(2) 
The residence and business address and the citizenship of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation applying;
(3) 
The exact nature of the proposed business for which the Certificate is requested, and the name under which it is to be operated;
(4) 
Whether or not any similar Certificate held by the applicant(s) has been revoked, and if so, the circumstances of such revocation;
(5) 
The number of vehicles proposed to be operated;
(6) 
The complete description of the vehicles proposed to be operated (including VIN) and the proposed operations;
(7) 
Proof of ability to respond in damages as required by Section 6.72.090;
(8) 
The color scheme and characteristic insignia to be used to designate the vehicles of the owner;
(9) 
A receipt from the finance director which certifies that the applicant has paid the fees required by this code, if any, and a nonrefundable processing fee as set forth in the master fee schedule for the city adopted by resolution of the council. The latter processing fee shall be used solely to defray the costs of the police and planning departments’ investigation and report required herein.
(10) 
A statement (and any relevant supporting documentation) demonstrating how the public convenience and necessity will be met by issuance of the requested Certificate. The statement should, at a minimum, include sufficient information to provide justification to those items that the city will investigate pursuant to Section 6.72.050.
(c) 
An application will not be deemed complete until the police department has received an application complying with all requirements of this section. Once the police department has received a complete application, the police department will notify the applicant in writing that the application has been deemed complete and the subsequent investigation will commence.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) 
Upon receipt of the complete application for a Certificate, as required by Section 6.72.040(c), the planning division shall conduct an investigation into the following:
(1) 
Whether or not the business for which application is made conforms in all respects to the requirements of the general plan and any applicable specific plan and Title 20 of this code;
(2) 
The demand of the public for the services to be rendered by the applicant;
(3) 
The adequacy of existing mass transportation and taxicab services in the city;
(4) 
Whether existing agencies will furnish additional service if granted the right;
(5) 
The effect such additional taxicab service may have upon traffic congestion and parking.
A report of the results of the investigation shall be forwarded to the council within sixty days from the date of receipt of a complete application for consideration in deciding whether or not to issue a Certificate.
(b) 
Upon receipt of a copy of the complete application for a Certificate, the chief of police or designee shall investigate the following:
(1) 
The financial responsibility of the applicant;
(2) 
The experience of the applicant in operating businesses similar to the one for which application is made;
(3) 
The character of the applicant and any person with a direct or indirect interest in the business.
(c) 
If the chief of police ascertains that the applicant or any person with a direct or indirect interest in the business has a criminal record, or has falsified the application, it shall be the duty of the chief of police to report such matters at the earliest possible date to the council with his or her recommendation regarding issuance or denial of the Certificate.
(d) 
The chief of police shall report to the council regarding the results of the investigation conducted pursuant to this section, within sixty days from the date of receipt of a complete application, and shall include in his or her report a recommendation to deny or approve the said Certificate and the specific reasons for that recommendation. Said report shall be considered by the council in reaching a decision to issue or not to issue a Certificate.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) 
The council shall approve, conditionally approve or deny owners’ applications by resolution and shall deny any such application, if in its sole discretion, it determines any of the following:
(1) 
The proposed operation will be undesirable or inadequate to the city’s needs;
(2) 
The public convenience and necessity do not require the proposed service;
(3) 
The vehicle(s) proposed to be operated is/are inadequate or unsafe;
(4) 
The applicant has been convicted of a felony or the violation of a narcotic law or of any penal law involving moral turpitude, or has had a similar Certificate revoked in any city, county or state for just cause;
(5) 
The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating in the city;
(6) 
The owner is not in compliance with the provisions of Section 6.72.090 herein.
(b) 
The council may, by resolution, and after ten days’ written notice to an owner, suspend or revoke a Certificate for any of the grounds for which it may deny an application and, in addition thereto, it may suspend or revoke any Certificate for a violation of any of the provisions of this chapter, or for a failure to pay any fees or business license tax due or judgment for damages arising from the operation of the vehicles, or any of them, for which the certificate was issued.
(c) 
The council may at any time, and after a public hearing, by resolution, determine that the number of Certificates for taxicabs, buses or rent cars, should be reduced or increased and provide for such reduction or increase.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) 
Upon the council’s approval or conditional approval of an owner’s application for a Certificate, the owner shall inform the chief planner of the location at which the business is proposed to be operated. If the chief planner determines that a use permit or other land use approval is required for the business to operate at said location, no Certificate shall be issued unless and until such land use approvals have been obtained by the owner.
(b) 
Prior to the issuance of a Certificate, business license fees shall be paid in accordance with the applicable provisions of Chapters 6.04 through 6.16.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) 
Any owner holding a Certificate to operate one or more taxicabs, buses or rent cars as provided in this chapter, who desires to add to the number of such vehicles shall do so only upon obtaining from the council permission therefor, which shall be granted only upon application made and processed in the same manner as required in this chapter to obtain the original Certificate.
(b) 
Any owner holding a Certificate to operate one or more taxicabs, buses or rent cars, as provided in this chapter, who desires to substitute a different vehicle for a vehicle operated under such Certificate, may do so upon obtaining permission from the police chief, which permission shall not unreasonably be with-held.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
It is unlawful to drive or operate, or cause or permit to be driven or operated, any taxicab, bus or rent car in the city, unless the owner thereof has obtained and maintains, ability to respond in damages resulting from the ownership or operation of the vehicle as required by Vehicle Code Section 16500 and following, as amended from time to time, or successor legislation and regulations lawfully adopted pursuant thereto.
(Ord. 1421 § 1, 2010)
It is unlawful to drive or operate any taxicab in the city unless the owner possesses current, valid commercial general liability and vehicle liability in amounts and with conditions acceptable to the city and evidenced through certificates of insurance filed with the city clerk. The owner’s insurance shall remain in full force, at a level be at least equal to the minimum requirements of the city, or the owner’s permit shall be automatically suspended until such time as full compliance with the requirements of this section are demonstrated to the city’s satisfaction.
(Ord. 1421 § 1, 2010)
Pursuant to California Government Code Section 53075.9, every taxicab transportation service shall include the number of its certificate, license, or permit in every written or oral advertisement of the services it offers.
For purposes of this subdivision, “advertisement” includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter. A violation of this section triggers the fine set forth in Section 6.72.400 of this code.
(Ord. 1421 § 1, 2010)
It is unlawful for any person to operate a vehicle for hire in the city unless he or she first possesses a valid driver’s permit to do so as provided herein.
(Ord. 1421 § 1, 2010)
(a) 
An application for a driver’s permit shall be submitted in writing to the chief of police, shall be duly certified under oath, and shall be accompanied by a receipt from the director of finance stating that the applicant has paid a nonrefundable processing fee in the amount set forth in the master fee schedule of the city adopted by resolution of the city council.
(b) 
Each driver’s permit application shall include:
(1) 
The name, address, telephone number, date of birth, height, weight and identifying marks of the applicant;
(2) 
The applicant’s California driver’s license number;
(3) 
Two recent photographs of the applicant (one and one-half inch square);
(4) 
A complete set of fingerprints (to be taken by the South San Francisco police department);
(5) 
The name, address and telephone number of the applicant’s current or prospective employer;
(6) 
The signature of the applicant’s current or prospective employer, endorsing the application and certifying that:
(A) 
The signatory is in fact, the applicant’s current or prospective employer, and
(B) 
That the applicant has demonstrated to the signatory that the applicant has a proficient knowledge of the traffic laws of the city and of the state and has demonstrated his or her ability to operate the type of vehicle for which application is made;
(7) 
The name, address and telephone number of each of the applicant’s employers during the preceding period of three years;
(8) 
Whether or not the applicant has had a permit, similar to that for which application is made, revoked, suspended, or denied by any other jurisdiction.
(Ord. 1421 § 1, 2010)
Upon receipt of an application for a driver’s permit the chief of police shall conduct an investigation of the applicant, and on the basis of such investigation, shall either approve or deny the permit application. No permit shall be issued to any of the following persons:
(a) 
Any person under the age of twenty-one years;
(b) 
Any person with physical or mental infirmities or deficiencies, or addiction to the use of alcohol or any controlled substance, which, in the sound discretion of the chief of police, might render such applicant unfit to safely operate a taxicab, bus or rent car;
(c) 
Any person convicted of hit-and-run driving, reckless driving, driving a vehicle while under the influence of intoxicating liquor and/or any drug within two years of the application, or any person found guilty of or been convicted of four or more moving traffic violations within two years of the date of application;
(d) 
Any person not possessing a valid state of California driver’s license of the class required by state law for the operation of a taxicab;
(e) 
Any person with a permit application containing fraudulent or misleading statements or omissions of facts;
(f) 
Any person who is not able to demonstrate either proficient knowledge of the traffic laws of the state of California and the city, or of the streets of the city, or the ability to read, understand, and communicate in English;
(g) 
Any person who is not qualified or able to safely operate a taxicab in accordance with the laws of the state of California and the requirements of this chapter.
The restrictions in this section shall apply both to persons seeking driver’s permits and to persons possessing permits and seeking renewal of such permits.
Any applicant may contest denial through the process set forth in Section 6.72.390 of this code.
(Ord. 1421 § 1, 2010)
(a) 
Every driver’s permit issued hereunder shall set forth the name of the owner for whom the driver is authorized to operate a taxicab, bus or rent car.
(b) 
Every driver’s permit shall be posted in a place conspicuous from the passenger’s compartment of the taxicab, bus or rent car while the driver is operating same.
(Ord. 1421 § 1, 2010)
(a) 
A driver’s permit shall be valid only as long as the permittee continues in the employ of the employer who endorsed his or her application. Upon termination of such employment or upon suspension or revocation of the employer’s certificate of convenience and necessity, the driver shall forthwith surrender his or her driver’s permit to the chief of police.
(b) 
Driver’s permit(s) shall not be transferable in any event.
(c) 
Upon the termination of the employment of any driver, the owner for whom such driver had been working shall immediately give the chief of police written notification of such termination.
(Ord. 1421 § 1, 2010)
Driver’s permits issued under this chapter shall be issued for a period not exceeding two years. Driver’s permits are also void upon termination of taxicab driver’s employment with the owner listed on the permit. Each driver shall return the permit to the chief of police upon such termination. The owner shall notify the chief of police within ten days whenever a driver’s employment is terminated.
Upon expiration of the driver’s permit, the driver shall reapply with updated information, as required in Section 6.72.130.
(Ord. 1421 § 1, 2010)
(a) 
The chief of police shall have the power to suspend or revoke any driver’s permit issued hereunder for any of the reasons for which an application for such a permit may be denied or if the holder thereof is found guilty by any court of reckless driving, driving while intoxicated, or the violation of any other law while engaged in the scope of his or her employment that the chief of police believes necessitates suspension or revocation in order to protect the health and safety of the community.
(b) 
The chief of police shall in writing forthwith report any such suspension or revocation to the city manager, stating the reasons for such action.
(c) 
The city manager may affirm or reverse, in whole or in part, any such order on a written appeal filed with the city manager by the driver within ten days from the date of any such order.
(d) 
In the event of such suspension or revocation of a driver’s permit, such permit shall be, by the holder thereof, forthwith surrendered to the chief of police.
(e) 
Any owner or driver whose permit has been suspended or revoked may request a hearing to contest this suspension or revocation pursuant to the procedure set forth in Section 6.72.390. During the appeal process, it is unlawful for the owner or driver to operate the taxicab unless the city manager grants a temporary permit for the time period of the appeal.
(Ord. 1421 § 1, 2010)
(a) 
Each taxicab driver shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment and as a condition of the driver’s permit issuance and renewal. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
(b) 
Testing procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that each driver shall show a valid California driver’s license at the time and place of testing, the testing must be conducted by a program and/or laboratory approved by the police chief, and except as provided otherwise in this section. Requirements for rehabilitation and return-to-duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(c) 
A test in one jurisdiction shall be accepted as meeting the same requirement in the city or in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in the city or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
(d) 
All test results shall be reported directly to the chief of police, and the chief of police shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the driver’s employer, who shall immediately notify the chief of police of the results.
(e) 
All tests are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
(f) 
Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. In all other cases, taxicab owners shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an employer may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.
(g) 
Taxicab owners, employers and self-employed independent drivers shall pay all service charges, fees, and assessments established by the city with respect to the owner’s employees and potential employees in an amount sufficient to pay for the city’s costs of carrying out the mandates of this section.
(h) 
No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.
(i) 
For purposes of this section, “employment” includes self-employment as an independent driver or owner of a taxicab.
(Ord. 1421 § 1, 2010)
(a) 
It is unlawful for any driver or owner to operate or permit the operation of any taxicab in the city unless such vehicle is equipped with a taximeter of such type, style and design as may be approved by the chief of police.
(b) 
It is the duty of every owner to keep each taximeter in such a working condition that the taximeter will, at all times, correctly and accurately indicate the legal charge for the distance traveled and waiting time.
(c) 
Each taximeter shall be at all times subject to inspection by the chief of police, and the chief of police is authorized at his or her instance or upon complaint of any person to investigate or cause to be investigated such taximeter, and upon the discovery of any inaccuracy in the meter, to remove or cause to be removed such vehicle equipped with such taximeter from the streets of the city until such time as the taximeter has been correctly adjusted. All taximeters must be inspected annually by the San Mateo County department of agriculture, weights and measures.
(Ord. 1421 § 1, 2010)
(a) 
Every taximeter shall register the charge to the nearest ten cents and be equipped with a flag or other mechanical device with the words “for hire” printed or stamped thereon.
(b) 
The flag shall be so attached and connected to the mechanism of the taximeter as to cause the mechanism to operate when the flag is in a position other than upright and indicates that the taxicab is not for hire.
(c) 
The flag shall, when moved forward or downward, start the operation of the taximeter so that the same will operate in the manner defined in this chapter.
(Ord. 1421 § 1, 2010)
(a) 
It is unlawful for any driver of a taxicab, while carrying passengers, to display the flag or device attached to such taximeter in such a position as to denote that such vehicle is for hire, or is not employed, or to have such flag or other attached device in such a position as to prevent the taximeter from operating.
(b) 
It is unlawful for any driver to position such flag or other device of a taximeter in a manner that causes the taximeter to record when such vehicle is not actually employed or to fail to move the flag or other device on such taximeter into a nonrecording position at the termination of each and every service.
(Ord. 1421 § 1, 2010)
All charges for transportation of passengers in taxicabs operated in the city must be based on the charges indicated on the taximeters and it is unlawful for any owner, driver or operator of any taxicab to charge any passenger or passengers any sum in excess of the sum indicated on the taximeter.
(Ord. 1421 § 1, 2010)
The taximeter shall be so placed in the taxicab that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger(s) riding in such taxicab.
(Ord. 1421 § 1, 2010)
There shall be displayed in the passenger compartment of each taxicab and rent car, in full view of the passenger, a card not less than two inches by four inches in size which shall have plainly printed thereon the name of the owner, or the fictitious name under which the owner operates, the business address and telephone number of the owner, and a correct schedule of the rates to be charged for conveyance in the vehicle.
(Ord. 1421 § 1, 2010)
The rates fixed or charged or collected by the owner or driver of any taxicab, except for trips to or from points outside of the city where the charge is fixed on a trip basis, shall be established by resolution of the council and may be revised from time to time.
(Ord. 1421 § 1, 2010)
(a) 
The driver of each taxicab shall keep a separate trip sheet of every service rendered by the driver. This sheet shall include the following information: (1) the location where the passenger(s) entered the taxicab; (2) the number of passengers; (3) the time the passengers entered the taxicab; (4) the location where the passengers were discharged; and (5) the amount of fare collected.
(b) 
The owner of every taxicab shall keep such trip sheets in the business office for a period of one year after the date service is rendered, and the trip sheets shall be open and available for inspection by any representative of the chief of police at all times during business hours. The falsification of any trip sheet by any owner or driver shall be grounds for revocation of his or her permit.
(c) 
The owner of every taxicab business, including self-employed drivers, shall keep a dispatch sheet which shows the time of dispatch of every taxicab and a complete and accurate record of all drivers, which includes each employees’ name, address, date of hire, date of termination, the number of the taxicab operated by the driver, the hours of employment for each driver, a list of absences from employment, and all motor vehicle violations, all traffic accidents, all complaints received from passengers or others, and the test results from controlled substance and alcohol testing. These records shall be subject to inspection by the chief of police or his or her designee and shall not be destroyed without the written permission of the chief of police.
(Ord. 1421 § 1, 2010)
(a) 
The owner shall, upon written request to the chief of police or director of finance, deliver to the director of finance all of his or her books and records pertaining to the operation of taxicabs, buses or rent cars for a period of twelve calendar months, next preceding the date of such request, for inspection by the city auditor.
(b) 
Unless such books and records are delivered to the director of finance within fifteen days from the date of such request, the certificate of convenience and necessity and all other permits of the owner and drivers shall be suspended on the sixteenth day from the date of such request, until the books and records are delivered or such certificates and/or permits are revoked, whichever is sooner.
(Ord. 1421 § 1, 2010)
(a) 
The council may, by resolution, locate and designate taxicab, bus or rent car stands, which stands when so established shall be appropriately designated, “taxis only,” “buses only” or “rent cars only,” as the case may be.
(b) 
Taxicab or rent car stands established hereunder shall be in operation twenty-four hours of every day.
(Ord. 1421 § 1, 2010)
(a) 
Before a certificate of convenience and necessity is issued to any owner, the vehicle for which such certificate is requested, shall be delivered to a place designated by the chief of police for inspection, and the chief of police shall designate agents to inspect such vehicles, their equipment and taximeters (in the case of taxicabs) to ascertain whether such vehicles and equipment comply with the provisions of this chapter.
(b) 
All vehicles for hire not being actually operated by a driver then on duty shall be stored entirely within an enclosed building, or buildings, unless the premises on which said vehicles are stored is enclosed by a neat appearing solid, firm and substantial nontransparent fence or wall, not less than six feet in height, and constructed by brick, concrete, wood, stone or metal, or a combination of such materials or of any similar, durable substance.
(c) 
As provided by Vehicle Code Section 21702(a), no driver shall drive upon any highway any vehicle for hire for more than ten consecutive hours nor for more than ten hours spread over a total of fifteen consecutive hours. Thereafter, such person shall not drive any such vehicle until eight consecutive hours have passed.
(Ord. 1421 § 1, 2010)
The chief of police, or any member of the police department under his or her direction, shall have the right, at any time after displaying proper identification, to enter into or upon any vehicle for hire for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. During the inspection, the driver must produce for inspection the following records: (1) a valid California vehicle registration; (2) valid proof of insurance documents; and (3) a valid California driver’s license.
(Ord. 1421 § 1, 2010)
Any vehicle for hire which is found, after any such inspection, to be unsafe, or in any way unsuitable for taxicab, bus or rent car service shall be immediately ordered out of service, and before again being placed in service, shall be placed in a safe and proper working condition.
(Ord. 1421 § 1, 2010)
The interior of every vehicle for hire shall be thoroughly cleaned at least once in every twenty-four hours, and all property of value left in any such vehicle by a passenger shall immediately be reported by the owner thereof to the chief of police.
(Ord. 1421 § 1, 2010)
Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his or her destination safely and expeditiously.
(Ord. 1421 § 1, 2010)
The rates fixed or charged or collected by the owner or driver of any taxicab except for trips to or from points outside of the city, where the charge is fixed on a trip basis, shall be determined by the council and shall not exceed that rate without prior approval of the council.
(Ord. 1421 § 1, 2010)
No driver of any vehicle for hire shall accept, take into his or her vehicle or transport any larger number of passengers than the rated seating capacity of his or her vehicle.
(Ord. 1421 § 1, 2010)
(a) 
The chief of police or designee shall be responsible for maintaining files of and investigating complaints that warrant an investigation of businesses that advertise or operate taxicab transportation services for hire. The chief of police shall initiate appropriate action against taxicab drivers and owners when a complaint or complaints warrant such action.
(b) 
Pursuant to this investigation, the chief of police shall:
(1) 
Determine which businesses, if any, are required to have in effect a valid taxicab certificate, license, or permit as required by ordinance, but do not have that valid authority to operate;
(2) 
Inform any business not having valid authority to operate that it is in violation of law;
(3) 
Within sixty days of informing the business pursuant to subsection (b)(2), institute civil or criminal proceedings, or both, pursuant to the governing municipal code or other authority of jurisdiction.
(c) 
The chief of police shall also adopt criteria establishing the type of information that, when contained in a complaint, is sufficient to warrant an investigation pursuant to Government Code Section 53075.7 to investigate complaints of unauthorized taxicab operations. These operating procedures shall be in writing and may be revised from time to time by the chief of police.
(Ord. 1421 § 1, 2010)
(a) 
Hearing Request. Any owner or driver may request a hearing to contest any action of the police chief to suspend, revoke or deny a permit required under this chapter to turn in a “request for hearing form” and a processing fee of one hundred fifty dollars to the city clerk within fifteen days from the date of the permit suspension, revocation or denial. The processing fee may be amended by the council from time to time. Failure to pay the fee shall result in postponement of the hearing until the fee is waived or a waiver is obtained.
(b) 
City-Instituted Hearing. The hearing officer, or designee, may institute administrative proceedings to determine if the unauthorized operation of a taxicab has occurred. Notice of the initiation of this administrative proceeding will be sent to the owner and/or driver of the taxicab at least ten calendar days before the hearing date. Failure of the owner and/or driver of the taxicab to attend the hearing shall constitute a failure to exhaust administrative remedies.
(c) 
Hearing Date. A hearing conducted pursuant to this section shall be set for a date not less than fifteen days nor more than sixty days from the date that the city clerk received a request for hearing or a notice of appeal or from the date that the hearing officer, or his or her designee instituted administrative proceedings.
(d) 
Service. Notice of a hearing conducted pursuant to this section will be served by registered or certified U.S. mail to the address on the most recent permit or permit renewal. The failure for any person, owner or driver to receive the notice shall not affect the validity of any enforcement proceedings pursuant to this chapter.
(e) 
Hearing. Any hearing conducted according to this section shall provide a full opportunity for the person or persons to be heard by the hearing officer. At the time of the hearing, the hearing officer shall conduct a hearing and consider any written or oral evidence regarding the issue of the hearing presented by the owner, driver, an interested party, and any officer or agent of the city. After receiving all evidence presented, the public portion of the hearing shall be closed. The hearing officer then may consider what action(s), if any, should be taken. The failure of any person to appear at a hearing under this section shall constitute a failure by such party to exhaust his/her/their administrative remedies, and a waiver of the same.
(f) 
Decision. Within ten days following the conclusion of the hearing, the hearing officer shall issue written findings and make a determination regarding the existence of the violation(s). The hearing officer shall serve the order in the manner set forth in subsection (d) of this section. If the hearing officer finds by a preponderance of the evidence that a violation occurred, that the violation was not corrected within the specified time period, or that the suspension, revocation or denial of the permit was justified, the hearing officer shall issue an order setting forth his or her findings, ordering the violator to correct any condition(s), any administrative fines or penalties as set forth below, an order allowing for recovery of administrative costs, including costs incurred by the city in connection with the proceeding, attorneys’ fees, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and the cost of an reinspection necessary to enforce the order.
(Ord. 1421 § 1, 2010)
(a) 
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction such person shall be punished as provided in Chapter 1.24 of this code.
(b) 
A transportation inspector, authorized by the city, may cite any person for operating as a taxicab without a driver’s permit and impound and retain possession of any vehicle used in violation of this chapter. If the car is seized from someone who is not the owners, the city must immediately give the owner notice via first class mail.
The vehicle must be returned if:
(1) 
The infraction or violation is not prosecuted or is dismissed;
(2) 
The owner is found not guilty; or
(3) 
The vehicle was used without knowledge or consent of the owner.
In the absence any of the circumstances set forth above, the return of the vehicle is contingent upon payment of a court-imposed fine. After six weeks from the final disposition of the criminal case, the vehicle will be treated as lost or abandoned property under Section 1411 of the California Penal Code.
At any time a person may make a motion for return of the car based on a good cause.
Excluded from this subsection are vehicles owned or operated by a 501(c)(3) nonprofit organization which serves youth or senior citizens and provides transportation incidental to its programs or services.
(c) 
If the hearing officer finds, after a hearing as prescribed by Section 6.72.390 of this code, that any owner or driver is operating or driving a taxicab transportation service without a valid certificate, license, or permit or that an owner or driver fails to include a valid permit number in any written or oral advertisement as required by Section 6.72.110 and Government Code Section 53075.9, then the city may impose a fine, not more than one thousand dollars for each violation, sufficient to cover the reasonable expense of investigation incurred by the city. The city may assess interest which will commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited at least once each month in a fund established for the purpose of enforcing the provisions of this section.
(d) 
The city may also, after a hearing process set forth in Section 6.72.390, take enforcement action to disconnect telephone service of unauthorized taxicab owners who unlawfully advertise passenger transportation services in yellow page directories and other publications or if the taxicab has operated within the city’s jurisdiction in violation of this chapter. The city will follow notice and protest procedures set forth in Government Code Section 53075.8.
(Ord. 1421 § 1, 2010)
An owner, operator or driver may bring an appeal regarding a decision of a hearing officer to the council by filing a notice of appeal with the city clerk within fifteen days of the serving or mailing of the hearing officer determination and order. The findings of the council shall be conclusive and served upon the owner, operator or driver as the notice of hearing was served.
(Ord. 1421 § 1, 2010)