As used in this chapter:
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, for a
compensation which is fixed in accordance with distance traveled or
waiting time, or both. No automobile for hire shall be painted a distinctive
color for the purpose of identification.
means the City Manager or designee.
means and includes every person in actual charge and control
of any taxicab, automobile for hire or motorbus, including independent
contractors.
means and includes every motor vehicle used in the business
of carrying passengers for hire which receives and discharges passengers
along the route traversed by it, but shall not include a street or
interurban railway car, a hotel bus, a sightseeing bus, a taxicab
or an automobile for hire.
means every self-propelled vehicle used for transportation
of persons over the public highways otherwise than upon fixed rails
or tracks.
means and includes every person owning or controlling any
motorbus, taxicab or automobile for hire.
means and includes a portion of the street designated by
the Traffic Engineer for the sole use of taxicabs while waiting for
employment.
means and includes every motor vehicle of a distinct color
or commercial appearance used in the business of carrying passengers
for hire, and which is rented from a public or a private garage or
any fixed stand or location, and the designation and route of which
are under the control of the passenger being carried.
means and includes any mechanical or electronic instrument
or device by which the charge for hire of a passenger-carrying vehicle
is calculated either for distance traveled or for waiting time or
both, and upon which such charge is indicated by means of figures.
(Prior code § 7-16.1; Ord. 1525 § 1, 2002; Ord. 21-1722 § 2)
Every person carrying passengers for hire in any motor vehicle
in the City, shall obtain a license and pay the license fee provided
for by this chapter. Such license shall not be issued until a permit
for the use of such motor vehicle has been obtained as provided in
this chapter.
(Prior code § 7-16.2; Ord. 21-1722 § 2)
All drivers employed by any owner, while on duty, shall wear
a distinctive badge bearing the drivers number. Only such badges shall
be worn as have been approved by the Director for use by drivers employed
by a particular owner. Badges shall be worn in a conspicuous position.
Upon the termination of the employment of any driver, the owner by
whom such driver has been employed shall immediately give the Director
written notice of such termination.
(Prior code § 7-16.3; Ord. 21-1722 § 2)
All owners or operators of taxicabs and automobiles for hire
shall file with the City Clerk reasonable and uniform tariffs or schedules
of fares. No person shall charge, collect or receive any other or
different compensation for the use of such taxicab or automobile for
hire than that specified in the tariff or schedule of fares on file
and at the time in effect. Such tariffs and schedules of fares shall
not be amended, except with the consent of the City Council.
(Prior code § 7-16.4; Ord. 21-1722 § 2)
Every motorbus shall have attached to the front side of the
lower part of its windshield, at all times while it is in operation,
a sign stating the termini of its route and the main streets traversed,
and the rate of fare charged for carrying passengers. Such sign shall
be of white letters and figures on a black background. Each letter
or figure thereof shall be at least one-half inch in width.
(Prior code § 7-16.5; Ord. 21-1722 § 2)
Every taxicab and automobile for hire shall have displayed in
a conspicuous place in the passenger compartment at all times a sign
stating in clearly legible characters the rates of fare charged for
carrying passengers, the owners name or the fictitious name under
which he or she operates, the business address and telephone number
of such owner and the license number furnished by the City Clerk.
(Prior code § 7-16.6; Ord. 21-1722 § 2)
Every taxicab operated in the City pursuant to this chapter,
shall be equipped with a taximeter of such type and design as may
be approved by the Director. The owner of such taxicab shall keep
such meter accurate at all times, and such meter shall be subject
to inspection from time to time. The Director is authorized, at his
or her instance or upon the complaint of any person, to investigate
any 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
or accurately adjusted.
(Prior code § 7-16.7; Ord. 21-1722 § 2)
The charge for any service to all patrons of a taxicab shall
be calculated and indicated by a taximeter, which shall be placed
in the taxicab in such a manner that the indicator showing the amount
to be charged shall be well lighted and readily discernible by all
passengers riding in any such taxicab.
(Prior code § 7-16.8; Ord. 21-1722 § 2)
The driver of any taxicab, while carrying passengers, shall
not display the flag attached to the taximeter in such position as
to denote that such vehicle is not employed, and shall return the
flag of the taximeter to the home or for hire position at the termination
of each and every service.
(Prior code § 7-16.9; Ord. 21-1722 § 2)
The driver of any taxicab, upon receiving full payment for a
fare as indicated by the taximeter, shall give a receipt upon the
request of any passenger making such payment.
(Prior code § 7-16.10; Ord. 21-1722 § 2)
It shall be the duty of the driver of every motorbus, unless
all seats provided for passengers on such motorbus are occupied, to
receive and carry on such motorbus all persons who apply for passage
along its route and tender the proper fare, except persons who are
intoxicated or are conducting themselves in a boisterous or disorderly
manner.
(Prior code § 7-16.11; Ord. 21-1722 § 2)
The services of a taxicab shall be available only upon telephone
call, upon engagement of the taxicab when parked at a regular stand
or when hailed from the street, sidewalk or curb, but not otherwise.
No taxicab driver, owner or his or her agent shall solicit passengers.
(Prior code § 7-16.12; Ord. 21-1722 § 2)
The services of an automobile for hire 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.
(Prior code § 7-16.13; Ord. 21-1722 § 2)
When a taxicab or automobile for hire 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.
(Prior code § 7-16.14; Ord. 21-1722 § 2)
No person shall refuse to pay the legal fare of any vehicle
for hire, motorbus or taxicab.
(Prior code § 7-16.15; Ord. 21-1722 § 2)
Any driver employed to carry passengers to a definite point
shall take the most direct route possible that will carry the passenger
safely and expeditiously to such destination.
(Prior code § 7-16.16; Ord. 21-1722 § 2)
No driver of any motorbus shall deviate more than three blocks
from the route along which a permit to operate the same has been granted,
or stop and turn back before reaching the terminus of such route;
provided, however, that any motorbus may deviate not more than five
blocks from such route to a church or school, or to any public attraction
or demonstration; provided, also, that the City Council may, upon
application, where it appears necessary, issue a temporary permit
to deviate from the permitted route. In case of any deviation from
its authorized route, a motorbus must return at once to the point
of diversion and proceed from such point in the same direction in
which it was going before such deviation, until a terminus of the
route is reached.
(Prior code § 7-16.17; Ord. 21-1722 § 2)
No driver of any taxicab, automobile for hire or motorbus shall
permit any person to ride on the running board or elsewhere outside
of the body. No driver of any taxicab, automobile for hire or motorbus
shall permit more persons to ride in the drivers compartment than
can be seated in the regular seats in such compartment, or permit
any person to sit or stand at any place in or on such vehicle where
such person obstructs the drivers view of traffic ahead or to either
side.
(Prior code § 7-16.18; Ord. 21-1722 § 2)
The Traffic Engineer shall designate, in any stand permit granted,
the exact location of the stand in which the taxicab may park. No
such stand shall be greater in width than 14 feet on streets where
parking at an angle is permitted, or 20 feet in width on streets where
parallel parking is required. Upon the granting of a permit under
this chapter, every designated stand shall be marked accordingly.
(Prior code § 7-16.19; Ord. 21-1722 § 2)
The owner or driver of any taxicab or automobile for hire shall
not park or stand such vehicle upon any public highway in the City
for any period of time longer than is necessary to discharge or receive
passengers then occupying or then waiting for such vehicle; provided,
however, that a taxicab may park in a permitted stand.
(Prior code § 7-16.20; Ord. 21-1722 § 2)
Any particular stand as defined in Section 5.56.190, that is granted to any person, may be used jointly by any two or more persons holding taxicab owners permits under this chapter by the mutual consent of such persons, which consent must be first reduced to writing, properly signed and filed with the Director.
(Prior code § 7-16.21; Ord. 21-1722 § 2)
The location of any taxicab stand shall not be changed except
upon written application to the Traffic Engineer setting forth the
proposed new location and his or her approval of the proposed new
location.
(Prior code § 7-16.22; Ord. 21-1722 § 2)
No owner or driver shall operate, or cause to be operated, any
taxicab, automobile for hire or motorbus while such vehicle or any
of the equipment used shall be in a defective, unsafe or unsanitary
condition. Every taxicab, automobile for hire or motorbus shall at
all times be subject to the inspection of any law Enforcement Officer
or sanitary inspector of the City.
(Prior code § 7-16.23; Ord. 21-1722 § 2)
No owner or driver shall drive or operate any taxicab, automobile
for hire or motorbus, or cause the same to be driven or operated,
unless there is on file with the City Clerk and in full force and
effect at all times while such vehicle is being operated an insurance
policy, approved by the City Council, in a solvent and responsible
company, insuring the owner of such vehicle against loss by reason
of injury or damage that may result to persons or property caused
by an accident arising out of the ownership, maintenance or use of
an insured vehicle, or from violation of the provisions of this chapter
or the laws of the State. Such policy may be limited to coverage in
the amount of one million dollars ($1,000,000.00) for injury or death
per person, per occurrence, and $100,000 for the injury or destruction
of property; and also, shall execute an indemnification and hold harmless
agreement in the form supplied by the City Manager. The insurance
company issuing the policy of insurance is required to be duly licensed
to transact business in the State of California, and have an A.M.
Bests rating of "A-" or greater. Such policy of insurance shall guarantee
the payment to any and all such persons suffering injury or damage
to person or property, of any final judgment rendered against such
owner, within the limits above mentioned, irrespective of the financial
condition or any acts or omissions of such owner, and shall insure
to the benefit of such persons. If at any time, such policy of insurance
shall be cancelled by the company issuing the same, the owner shall
immediately replace such policy with another policy or bond providing
the same or greater coverage, satisfactory to the City Council. Upon
finding that any permittee or licensee has failed to provide the required
insurance, the City Council shall immediately revoke such persons
permit and license.
(Prior code § 7-16.24; Ord. 1525 § 2, 2002; Ord. 1537 § 1, 2002; Ord. 21-1722 § 2)
No person shall operate or cause to be operated at any point
in the City any taxicab, automobile for hire or motorbus, unless there
shall have been issued an owners permit to the owner and a drivers
permit to the driver and unless each such permit shall be in full
force and effect.
(Prior code § 7-16.25; Ord. 21-1722 § 2)
Every person seeking an owners permit to operate any taxicab
or automobile for hire shall pay an application fee for each stand
or change of location for which a permit is requested. An application
fee shall be paid by each applicant for a drivers permit. The amount
of the application fees shall be as established by resolution of the
City Council. All such application fees shall accompany the application,
and shall not be returnable.
(Prior code § 7-16.26; Ord. 21-1722 § 2)
No permit granted pursuant to this chapter shall be transferable.
(Prior code § 7-16.27; Ord. 21-1722 § 2)
When an owners permit is granted under the provisions of this
chapter, the City Clerk shall issue to the grantee a certificate,
giving the name and address of such grantee, the nature of the permit
granted, and the date when the same was granted.
(Prior code § 7-16.28; Ord. 21-1722 § 2)
An owner having a permit for the operation of a taxicab, automobile
for hire or motorbus, desiring to operate additional motor vehicles
of the same type and classification, shall file an application with
the Director. The application shall be verified under oath and shall
set forth the information required by this chapter in an original
application. The Director shall then issue a permit to operate such
additional vehicles.
(Prior code § 7-16.29; Ord. 21-1722 § 2)
The route of any motorbus may be changed with the consent of
the City Council. A written application for such consent shall be
filed, heard and determined in the same manner as an original application.
(Prior code § 7-16.30; Ord. 21-1722 § 2)
Any owner having a permit for the operation of a taxicab, automobile
for hire or a motorbus may substitute another motor vehicle for that
for which such permit was granted; provided that, prior to such substitution,
the owner shall obtain and file with the City Clerk the consent of
the insurer on his or her policy of insurance to such substitution.
No such substitution shall continue longer than seven days unless
a permit shall be obtained from the City Clerk for such substituted
motor vehicle in the same manner as provided for additional vehicles.
(Prior code § 7-16.31; Ord. 21-1722 § 2)
No person shall drive or operate any taxicab other than one
bearing the color scheme, name, monogram or insignia set forth in
the application for the permit in effect for such taxicab. No person
shall change such identifying characteristics of any taxicab without
first having obtained the consent of the City Council.
(Prior code § 7-16.32; Ord. 21-1722 § 2)
Any motor vehicle for which a permit has been issued under this chapter shall be operated only by the owner, an employee or an independent contractor, on behalf of the owner, provided the holder of the taxicab owners permit shall provide evidence of insurance in accordance with Section 5.56.240, while operating the vehicle. The term insured must be defined under the policy described in Section 5.56.240 to include any person or organization owning or using a vehicle covered by the policy.
(Prior code § 7-16.33; Ord. 1525 § 3, 2002; Ord. 21-1722 § 2)
The owner shall at all times comply with the terms of this permit,
including the provisions of California Government Code Section 53075.5
(b)(3)(A), requiring the existence of a mandatory controlled substance
and alcohol testing certification program for taxicab drivers, all
ordinances of the City of Norwalk, and the laws of the State of California
and the United States of America thereto.
(Ord. 1525 § 4, 2002; Ord. 21-1722 § 2)
Notwithstanding any other provisions of this chapter, any owner desiring to obtain the permit required by Section 5.56.250, shall make application to the City Council. The application shall be verified under oath and shall set forth:
A.
If a
natural person, the name, age, business address, residence and citizenship
of the applicant; if a corporation, its name, date and place of incorporation,
address of its principal place of business and the names of its principal
officers, together with their respective addresses; if a partnership,
association or unincorporated company, the names of the partners or
the persons comprising the association or company, with the place
of business and residence of each such partner or person;
B.
A description
of each motor vehicle which the applicant proposes to use, giving
the type of each vehicle, the name of the manufacturer, the horsepower
and the seating capacity, according to its trade or factory rating;
and, if a truck, the actual carrying and seating capacity;
C.
The
street number and exact location of the public or private garage from
which each such vehicle is to be operated;
D.
A schedule
of the rates of fare to be charged for carrying passengers;
E.
The
past experience of the applicant in the matter to which the requested
permit appertains; and the name, address and past experience of the
person to be in charge of the premises or business;
F.
A verified
financial statement of the applicant;
G.
Whether
or not any prior permit has been revoked, or if so, the circumstances
of such revocation;
H.
Such
further information as the City Council or the Director may require.
(Prior code § 7-16.34; Ord. 21-1722 § 2)
If the application referred to in Section 5.56.340 is for a permit to operate taxicabs, it shall also set forth:
A.
The
street number and exact location of the place where the applicant
proposes to stand each such taxicab;
B.
If any
proposed stand is in a public highway, a list of names and respective
addresses of all lessees or sublessees and owners in actual or constructive
possession of the ground floor of any building or parcel of real estate
contiguous to that portion of the highway where each such stand is
proposed to be located; provided that, if such names cannot, with
due diligence, be ascertained, such facts shall be stated opposite
the respective address in such list;
C.
The
color scheme, name, monogram or insignia which the applicant proposes
to use;
D.
That
each of the applicants taxicabs will be equipped with a taximeter
which will correctly compute and indicate the amount charged, distance
traveled or the time elapsed, and which shall be affixed to the taxicab
in such manner that the indicator showing the amount to be and being
charged shall be readily discernible from the passenger compartment
during all times that such taximeter is operating.
(Prior code § 7-16.35; Ord. 21-1722 § 2)
Upon receipt of any application for an owner's permit pursuant to Sections 5.56.340 and 5.56.350, the City Council shall make or cause to be made an investigation and shall set a date for hearing and give public notice of such hearing on the application by one publication, at least 10 days prior to hearing, and may grant such permit for a prescribed or indefinite period if it shall find:
A.
That
each vehicle described is adequate and safe for the purpose for which
it is to be used and is equipped as required by this chapter;
B.
That
the applicant has complied with all the terms and conditions of this
chapter;
C.
That
the proposed operations are desirable to the City; and
D.
That
the public convenience and necessity require the issuance of the permit.
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The City Council shall have power to determine all issues relative
to granting or denying owners' permits for taxicabs, automobiles for
hire, motorbuses and stands.
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(Prior code § 7-16.36; Ord. 21-1722 § 2)
In case of an application for a taxicab permit, the City Council
must determine that:
A.
Color
Scheme, Name, Insignia, Etc. The color scheme, name, monogram or insignia
to be used upon such car is not in conflict with and does not imitate
any color scheme, name, monogram or insignia used by another person
in such manner as to be misleading, or to tend to deceive or defraud
the public, and that no color scheme, name, monogram or insignia has
been designated for the applicant.
B.
Location of Stand; Notice and Hearing by Council. The location of the stand is such that it will not congest or interfere with travel on any public street nor the use of any public street by the public, and is not prohibited by any ordinance of the City; provided, however, that no permit shall be granted for a proposed stand on a public highway in the City until notice has been given by the City Clerk to the persons whose names are required to be set out in the list as provided for in Section 5.56.350(B), and 10 days shall have elapsed from time of giving such notice.
Such notice shall be in writing, shall state that an application
has been made for a taxicab stand and indicate where the same is proposed
to be located, and shall require any protests against the granting
of the same to be made in writing to the City Council within 10 days
from the date of the notice. The notices provided for in this chapter
shall be deemed to have been given upon the depositing of the same
in the United States Post Office in the City, in a properly stamped
and addressed envelope; provided that, where the name and address
of the persons entitled to notice are unknown, such notice shall be
given by posting the same for a period of 10 days in a conspicuous
place upon the property affected. Upon receipt of any such protests,
the City Council shall set a time and place for hearing of the same,
which time shall not exceed 10 days from the last day for filing protests,
and shall notify all protestants by mail.
(Prior code § 7-16.37; Ord. 21-1722 § 2)
In case of an application for a motorbus permit, the City Council
shall determine that the proposed route or routes described in the
application will not congest or interfere with travel on any public
street or the use of any public street by the public, that any of
such proposed routes are not already adequately supplied with transportation
facilities and that the public convenience and necessity require the
service.
The City Council may grant such permit for different routes
in whole or in part, from those described in the application, which
different routes shall be described in the order granting such permit.
(Prior code § 7-16.38; Ord. 21-1722 § 2)
In addition to the failure to set forth the information required,
the City Council shall deny the application for an owner's permit,
if it determines that the applicant failed to set forth any required
information or that any motor vehicle proposed to be operated is inadequate
or unsafe, or that the applicant has been convicted of a felony or
a violation of any narcotic law or of any penal law involving moral
turpitude.
The City Council shall have the power to deny the granting of,
or revoke, suspend or cancel, any such permit if public convenience
and necessity does not require granting or continuing the same or
for any reasonable cause which, in its sound discretion, is contrary
to the public welfare.
The Director is empowered to suspend or revoke any permit granted
by this chapter, for the violation of any of the provisions of this
chapter. Any person aggrieved by such action shall be entitled to
appeal to the City Council by filing a written appeal, within 10 days
from the date of such revocation or suspension, and the City Council
shall hold a public hearing upon notice to such permittee. The City
Council may affirm, reverse or modify the action of the Director and
the action of the City Council shall be final and conclusive.
(Prior code § 7-16.39; Ord. 21-1722 § 2)
Where the applicant for a motorbus route states in his or her application that such route is on a trial basis only and the final determination of whether or not the applicant will apply for a franchise is to be determined by the success of the operation within a period applied for, not to exceed 90 days, then the City Council may grant the applicant permission to use the City streets for the purpose of conducting a motorbus route for a period of not to exceed 90 days without compliance by the City Council and the applicant with Section 5.56.360.
The applicant shall also not be required to comply with Section 5.56.440 during the period for which the application is granted by the City Council.
The permission issued to the applicant shall be a revocable
license and shall not in any way bind the City to extend the license
beyond the period requested in the application.
If, during the period for which the license is granted by the
City Council, applicant determines that he or she wishes to operate
the motor bus route beyond that period of time granted by the license,
then all terms and conditions of this chapter must be complied with
prior to the continuation of the operation of the motorbus route.
If the City Council so allows, the license may be extended for
an additional period of time not to exceed 90 days with the same waivers
as set forth in this section.
(Prior code § 7-16.40; Ord. 21-1722 § 2)
No driver shall operate or drive any taxicab, automobile for
hire or motorbus, unless the owner has obtained a permit and license
as required under the provisions of this chapter, and such driver
has obtained a driver's permit, and both of such permits are in full
force and effect. The application for such driver's permit shall be
made to the Director, in writing and in duplicate, and the original
shall be duly acknowledged under oath. The application shall set forth
the name, age and address of the applicant, his or her past experience
in operating automobiles, the names and addresses of his or her employers
during the preceding period of three years, the number of his or her
chauffeur's license, whether or not a chauffeur's license issued to
him or her by the State or any other state or governmental agency
has ever been revoked, the name and address of the owner by whom he
or she is to be employed as a driver (such owner shall endorse the
application), and such additional information as the Director may
require.
(Prior code § 7-16.41; Ord. 21-1722 § 2)
Upon application for a driver's permit, and before it shall
be issued, the driver, whether the owner or otherwise, must evidence
a proficient knowledge of the traffic laws of the City and of the
State, and demonstrate his or her ability to operate the type of motor
vehicle for which the driver's permit is sought, to the satisfaction
of the Director. Upon satisfying the foregoing requirements, the driver
shall be fingerprinted by, and his or her record filed in the Sheriff's
Department. Every driver's permit issued by this chapter shall set
forth the name of the owner by whom the driver is employed and shall
be valid only so long as he or she continues in the employ of such
owner. Upon the termination of such employment, the driver shall forthwith
surrender his or her driver's permit to the Director. Such driver's
permit may be denied upon substantial evidence of either physical
or moral deficiencies of the applicant which, in the sound discretion
of the Director, would render such applicant not a competent person
to operate a taxicab, automobile for hire or motorbus. No driver's
permit shall be issued unless the applicant submits evidence that
he or she has successfully passed a controlled substance and alcohol
test which adheres to the requirements of Government Code Section
53075.5(b)(3).
(Prior code § 7-16.42; amended during 1999 codification; Ord. 21-1722 § 2)
The Director shall have the power to revoke or suspend any driver's
permit issued under the provisions of this chapter when the permittee:
A.
Is convicted
of violating any of the provisions of this chapter, reckless driving
or any other law, which violation, in the sound discretion of the
Director, shall be deemed sufficient evidence that such driver is
not a competent person to operate the motor vehicle for which the
driver's permit was issued; or
B.
Fails
to supply before each anniversary date a certificate showing that
the permittee has successfully passed a controlled substance and alcohol
test which adheres to the requirements of Government Code Section
53075.5(b)(3).
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In the event of such revocation or suspension of a driver's
permit, such certificate as may be issued in connection with the driver's
permit shall be, by the holder of the permit, surrendered to the Director.
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(Prior code § 7-16.43; amended during 1999 codification; Ord. 21-1722 § 2)
The owner shall pay to the City an annual permit fee in an amount
established by resolution of the City Council.
(Prior code § 7-16.44; Ord. 21-1722 § 2)
The provisions of Section 5.56.440, requiring the payment of a permit fee shall not apply to any owner or person operating a motorbus or motorbuses within the City, pursuant to a permit granted under the terms of this chapter; provided that, the business license taxes or other business taxes required by this Code are paid by such owner or person.
(Prior code § 7-16.45; Ord. 21-1722 § 2)
