The following terms and phrases whenever used in this chapter
shall have the following meanings.
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.
means the chief of police of the city.
means the city clerk of the city.
means the city council of the city.
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.
means the city manager or designee.
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.
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.
means the same as “bus.”
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.
means any place commonly used for the purpose of vehicular
public travel.
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.
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.
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.
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;
(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.
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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.
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(b)
Upon
receipt of a copy of the complete application for a Certificate, the
chief of police or designee shall investigate the following:
(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;
(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.
(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.
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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.
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Any applicant may contest denial through the process set forth in Section 6.72.390 of this code.
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(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)
Every driver shall, if requested, give a correct receipt upon
payment of a fare.
(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.
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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.
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At any time a person may make a motion for return of the car
based on a good cause.
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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.
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(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)
