For the purposes of this Chapter certain words and phrases are
defined and certain provisions shall be construed as herein set forth,
unless it is apparent from the context that a different meaning is
intended.
"Taxicab"
means every automobile and motor-propelled vehicle which
is not otherwise licensed by the California Public Utilities Commission,
is designed to carry not more than eight persons, excluding the driver,
is not otherwise required by State law to have all trips prearranged,
and is used for the transportation of passengers for hire within and
without the boundaries of the City, at rates for distance traveled,
or for waiting, standby or traffic delay time, or for any combination
of such rates, and not operating over a defined route.
"Taxicab company permittee" or "permittee"
means any person, firm, corporation, or other entity, however
organized, including the management and officers thereunder, that
is substantially located in and has been granted a permit by the City
to provide taxicab transportation services.
"Taxicab driver"
means a driver who works for a taxicab company permittee
or is a self-employed, independent taxicab company permittee, unless
the context indicates otherwise.
"Taximeter"
means any device or technology that automatically calculates
a predetermined rate or rates for taxicab services and indicates the
charge for the hire of a taxicab, including Internet, web, or other
network-based applications. Taximeters may use global position system
metering and also facilitate flat rates or promotional rates.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
Police Department employees assigned to or having responsibility
for permitting and licensing pursuant to this Chapter shall have the
authority to obtain State and local summary criminal history information
pursuant to Sections 11105(b)(11) and 13300(b)(11) of the California
Penal Code.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
Prior to commencing the operation of taxicab services within
the City, a taxicab company shall apply for and obtain a permit in
accordance with the provisions of this Chapter. In order for a taxicab
company to be eligible for a permit, the taxicab company must provide
documentation of the following consistent with applicable State law,
this Chapter, and the City's requirements: (1) the taxicab company
is substantially located in the City; (2) established fares, fees,
or rates to be charged to the customer; (3) participation in the pull-notice
program; (4) financial responsibility; (5) a safety and disabled access
education and training program; (6) the motor vehicles to be used
for taxicab transportation services are in safe operating condition
and have passed inspection by the City; (7) the address of an office
or terminal where all documents pertaining to taxicab transportation
services may be inspected by the City; and (8) provision of a taxicab
driver fingerprint-based criminal history check and a mandatory drug
and alcohol testing program.
(b)
Taxicabs may be driven pursuant to a contract, agreement, or
understanding between the taxicab company permittee and the driver.
Such contract, agreement, or understanding shall not relieve the taxi
company permittee from full and complete compliance with the applicable
provisions of the Code, rules and regulations adopted pursuant to
this Chapter.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
Suspension. The City may, after due notice and
an opportunity to be heard, suspend a taxicab company's operations
for one or more days if, in the judgment of the City, a lapse in required
insurance or any other violation of this Chapter; or a violation of
any administrative rules and regulations established by the City,
orders or directives established by the City, or applicable State
law, creates an immediate safety hazard. Cause for suspension also
exists where the holder of a majority interest in the taxicab company
or the taxicab company permittee illegally conducts any type of vehicle
for hire or public transportation operation licensed by the City or
any other governmental agency, or the permittee fails to pay any monetary
penalties in accordance with this Chapter or any resolutions or schedules
adopted thereto.
(b)
Revocation. The City may, after due notice and an opportunity to be heard, revoke a permit in the event that the permittee, including its employees, officers, agents and drivers: violates this Chapter; violates subsection
(d) of this Section; violates or commits multiple violations of any provision of this Chapter or any other law, rule, regulation, order or filings of any regulatory body having jurisdiction over the permittee; or practices, or attempts to practice, any fraud or deceit upon any governmental agency or regulatory body.
(c)
The permittee may appeal any decision from the City to suspend
or revoke to a Hearing Examiner for consideration pursuant to this
Section. The matter will be set for a hearing and the City shall give
the permittee at least thirty days' written notice of the time
and place of the hearing. At the hearing, the Hearing Examiner shall
consider all relevant evidence and testimony and if supported by a
preponderance of the evidence, the Hearing Examiner may, in his or
her discretion, order the permittee to take remedial actions or impose
any other remedy as authorized by law, including, but not limited
to, suspension for a designated period of time; or revocation of the
permit. The decision or order of the Hearing Examiner shall be final
and binding and subject only to judicial review.
(d)
Effect of Suspension or Revocation. Upon suspension
or revocation of a permit, all the company permittee's taxicab
operations in the City shall cease until such time as the suspension
or revocation is lifted. Upon revocation of any taxicab permit, no
permit to operate the same business activity shall be granted to the
permit for a period of three years thereafter.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
Application. In order to obtain a taxicab driver's
permit, each person shall file with the City, upon forms supplied
by the City, a completed verified application including the following
information and documentation:
(1)
Name, address, and age of applicant;
(2)
Convictions, if any, in any court of law;
(3)
Name, address, and certification of the taxicab company permittee
by whom the applicant is to be employed as a taxicab driver in the
City;
(4)
Proof of a valid California driver's license;
(5)
A signed agreement to submit to a background investigation and
fingerprinting via LiveScan capture by the Police Department;
(6)
Original test results from a certified laboratory or testing
agency, submitted simultaneously with the applicant's verified
application, proving that the applicant has tested negative for drugs
and alcohol as provided by Section 53075.5(b)(3) of the California
Government Code; and
(7)
Such further information as the City may require, as established
by the rules and regulations.
(b)
Taxicab Driver's Permit Applicant Investigation. The Police Department shall investigate each applicant for a taxicab
driver's permit and shall approve the application or state its
reason for disapproval. The City may disapprove any applicant who
has a record of criminal conduct or other behavior involving any of
the following:
(2)
Violence toward persons or property;
(3)
Physical or mental disease which could make the applicant a
danger to the safety of others;
(4)
Illegal sexual conduct involving another nonconsenting person;
(5)
Negligent or reckless driving;
(6)
Operating a motor vehicle while under the influence of alcohol
or drugs;
(7)
Three or more moving violations under the California Vehicle
Code within the twelve-month period preceding the date of the application;
(8)
Existing suspension or revocation of a taxicab driver's
permit in any other jurisdiction as of the date of the application;
(9)
Conviction of operating a taxicab without a valid taxicab driver's
permit or taxicab vehicle permit within the three-year period preceding
the date of the application; or
(10)
Acts showing the applicant to be otherwise incompetent or not
fit to drive a taxicab.
(c)
Taxicab Driver's Permit Issuance. Based on
the application, investigation and compliance with all requirements
of Section 53075.5(b)(3) of the California
Government Code, the City
shall approve or deny the taxicab driver's permit. No taxicab
driver's permit shall be issued if the applicant is under the
age of eighteen years, if any false statement appears in the application,
or if the application is otherwise incomplete. Upon approval of an
application and receipt by the City of the taxicab driver's permit
fee, the City shall issue a taxicab driver's permit to the applicant.
The taxicab driver's permit shall bear the name and photograph
of the applicant, date of expiration of the taxicab driver's
permit, and name of the taxicab company permittee for which the driver
is authorized to drive a taxicab.
(d)
Taxicab Driver's Permit Renewal. A taxicab
driver's permit which has not been revoked, suspended, or terminated
may be renewed annually by paying the annual taxicab driver's
permit fee and by filing with the City a verification that the driver
is in compliance with the provisions of this Section and test results
from a certified laboratory or testing agency proving that the driver
has tested negative for drugs and alcohol as provided by Section 53075.5(b)(3)
of the California
Government Code and U.S. Department of Transportation
program guidelines set forth in 49 CFR Parts 40, 653, and 654, and
any other applicable regulations.
(e)
Effect of Termination of Employment. The taxicab
driver's permit shall become void upon termination of employment,
at which time the taxicab company permittee shall immediately give
the City written notice of the termination and the terminated driver
shall immediately return their taxicab driver's permit to the
City.
(f)
Prohibition on Transfers. A taxicab driver's
permit is personal in nature and shall not be transferred to another
person. Any purported transfer shall be null and void.
(g)
Grounds for Suspension and Revocation. Any taxicab
driver's permit and any taxicab vehicle permit may be suspended
or revoked, after due notice and an opportunity to be heard, for any
of the following reasons:
(1)
Arrest or citation for the commission of any crime while driving
a taxicab or any crime involving moral turpitude;
(2)
Violation of any applicable rule or regulation, or Federal,
State or local law relating to the operation of taxicabs by a driver,
or by an employer in the case of a taxicab vehicle permit;
(3)
Use of the taxicab driver's permit for a purpose different
from that for which it was issued;
(4)
Suspension or revocation of the driver or taxicab company permittee's
taxicab driver's permit or taxicab vehicle permit in another
jurisdiction; and
(5)
The existence of any facts, including conviction of a crime
that is substantially related to the qualifications, functions or
duties of a taxicab driver, which would have been good cause to deny
such taxicab driver's permit application, regardless of when
such facts arose.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
Annual Taxicab Company Permit Fee. Each taxicab
company permittee shall pay to the City an annual fee, established
by resolution of the City Council, to cover the City's costs
of administering taxicab transportation services in the City. Such
payment shall be in addition to any other prescribed fees, including
but not limited to, business license fees. The taxicab company permit
fee shall be due, without set off or deduction, upon issuance of the
taxicab company permit and payable on each anniversary date thereafter,
unless otherwise as specified in the franchise ordinance. Failure
to pay the full taxicab company fee when due shall be cause for revocation
of the taxicab company permit.
(b)
Annual Taxicab Vehicle Permit Fee. Each taxicab
company permittee shall be required annually to obtain a taxicab vehicle
permit and to pay to the City an annual taxicab vehicle permit fee,
established by resolution of the City Council, for each taxicab operating
under its taxicab company permit.
(c)
Annual Taxicab Driver's Permit Fee. Each taxicab
driver shall be required annually to renew his or her taxicab driver's
permit and the taxicab permittee or driver shall pay to the City an
annual taxicab driver's permit fee, established by resolution
of the City Council.
(d)
No fee refunds shall be issued to any taxicab company permittee
upon revocation of a, or to any driver upon revocation of a taxicab
driver's permit.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
Taxicab company permittees and taxicab drivers shall ensure
that taxicabs display the following signage:
(a)
Two cards not less than two inches by four inches nor more than
two and one-half inches by five inches, in both the front seat and
the rear seat in full view of passengers, which state the following
in letters and numbers which are clearly legible and in the following
format:
(1)
On the first card: the name, address and telephone number of
the taxicab franchisee which operates the taxicab and all rates to
be charged; and
(2)
On the second card: "COMPLAINTS? Call the City of Santa Monica's
Hotline," followed by the City's hotline telephone number.
(b)
Every taxicab shall have printed upon it, in lettering and numbering
not less than two and one-fourth inches in height and five-sixteenths
of an inch wide, the cab number and the name and telephone number
of the taxicab company permittee which operates the taxicab. The telephone
number and the cab number shall also be printed in a plainly visible
manner upon the rear of such vehicle.
(c)
Every taxicab may have an electrically lighted identification
or vacant sign, or a combination of both, attached to the top of such
taxicab, which shall be not more than two and one-half inches high
by nine inches in length.
(d)
No taxicab shall display any sign other than those authorized
in this Chapter.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
Each taxicab operated pursuant to a permit shall be identified
as a City of Santa Monica authorized taxicab by a taxicab identification
decal issued by the City. No person shall identify any vehicle by
means of such taxicab identification decal, or any facsimile thereof,
unless authorized to do so by the City in writing.
(b)
Every taxicab driver and permittee shall ensure that a taxicab
identification decal is displayed in each taxicab at all times. Such
decal shall be issued and affixed by the City to a specific area on
the assigned taxicab as designated by the City.
(c)
No taxicab driver or taxicab company permittee shall operate
a taxicab without a current taxicab identification decal for that
specific vehicle.
(d)
No taxicab identification decal issued shall be in any manner
transferred or assigned. Any decal that is transferred, assigned,
or otherwise conveyed or stolen shall be automatically revoked.
(e)
No applicant may be issued a taxicab identification decal until
that applicant has paid all applicable fees and all of his, her or
its outstanding parking citations, including all civil penalties and
related fees.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
No taxicab shall be operated within the City unless it is equipped
with a taximeter that is approved by the California Division of Measurement
Standards and complies with Section 12500.5 of the California Business
and Professions Code and with all regulations established pursuant
to Section 12107 of the California
Business and Professions Code.
(b)
Taximeters are subject to inspection at any time by any police
officer of the City or any other authorized inspector, including the
California Department of Agriculture Commissioner/Weights and Measures.
Any vehicle equipped with an inaccurate taximeter is subject to impound
until said taximeter shall have been correctly adjusted, inspected,
and certified by the Los Angeles County Agricultural Commissioner/Weights
and Measures.
(c)
Taximeters shall be placed so that the reading dial displaying
the amount to be charged is readily discernible by passengers.
(d)
All rates to be charged for transportation by taxicabs pursuant
to a permit, including both flat and mileage rates, may not exceed
the maximum rates established by resolution of City Council. No permittee
shall charge, collect, demand, receive, or arrange for any compensation
for taxicab service in an amount that exceeds said maximum rates.
(e)
Each taxicab company and taxicab driver shall disclose all rates
to the customer before providing taxicab services.
(f)
Except where a flat rate is applicable, it is unlawful for a
taxicab driver to do any of the following:
(1)
Set the taximeter in operation when such vehicle is not actually
hired;
(2)
Fail to set the taximeter to a nonrecording position at the
termination of each and every service or call the attention of the
passenger to the amount registered;
(3)
Fail to activate the taximeter while carrying passengers or
under hire; or
(4)
Activate or operate the taximeter so as to denote a rate of
fare exceeding that authorized pursuant to this Chapter or by the
permitting governmental agency.
(g)
No driver of any taxicab upon receiving payment of a fare thereon
shall refuse to give a receipt upon the request of any passenger making
said payment.
(h)
It shall be unlawful to charge a discounted or flat rate other
than that which has been advertised or agreed to in advance with the
passenger.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
No taxicab company shall operate any taxicab without a distinctive
and uniform color scheme or identification which designates the taxicab
company under which said vehicle is operated.
(b)
No taxicab company shall use any color scheme, insignia, name,
monogram, logo, or identification that conflicts with or imitates
any color scheme, insignia, name, monogram, logo, or identification
used by another taxicab company in such a manner as to be misleading
or to tend to confuse or defraud the public.
(c)
Every taxicab company and taxicab driver shall comply with the
following operating requirements at all times:
(1)
Maintain and keep an accurate and legible record of all passengers
carried, including the pickup and drop off points, the date and time
carried, the starting and ending mileage of the taxicab for each trip,
and the charges authorized and made for each trip;
(2)
Display inside the taxicab and in full view of passengers, a
valid taxicab driver's permit bearing the name and photograph
of the taxicab driver and identifying the name of the taxicab company
under which such taxicab is operated;
(3)
Maintain in each taxicab a working two-way communication system
with a dispatcher;
(4)
Obtain an annual vehicle inspection of each taxicab at a facility
certified by the National Institute for Automotive Service or a facility
registered with the Bureau of Automotive Repair; and
(5)
Permit any police officer of the City or other authorized enforcement
officer enforcing this Chapter to inspect any taxicab upon request.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
When a taxicab is engaged the occupant or occupants shall have
the exclusive right to the full and free use of the passenger compartment
and no owner or driver of said taxicab shall solicit or carry additional
passengers therein without soliciting and receiving the consent of
the occupant or occupants. Nothing in this provision is intended to
restrict any taxicab company from offering carpooling or ride sharing
services.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
No owner, operator, employee or agent of any hotel or any other
business establishment shall exclude any permitted taxicab driver
from standing or picking up passengers at any location where taxicabs
or other vehicles for hire are regularly allowed to stand and pick
up passengers on the premises of the hotel or other business establishment.
(b)
Each taxicab company permittee is prohibited from entering into
any taxicab service arrangements or agreements for compensation with
any hotel, motel, or other business establishments, or any public
or private agency or organization in the City for the purpose of obtaining
exclusive access to the business' patrons seeking on demand taxicab
services. Each taxicab company permittee shall ensure that none of
its members or taxicab drivers enters into any such taxicab service
arrangements or agreements for compensation with any hotel, motel
or other business establishments, or any public or private agency
or organization in the City. Nothing in this Section prohibits exclusive
arrangements with any business establishment for the purpose of providing
pre-arranged transportation services for events with multiple participants,
employee shuttle services, carpooling services, or other arrangement
approved in advance by the City to the extent consistent with the
requirements of this Chapter.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
No person shall knowingly dispatch a vehicle or respond to a
request for a "taxi," "cab" or "taxicab" for pick-up within the City,
or pick up passengers within the City for taxicab services, unless
the vehicle has a valid taxicab vehicle permit, the driver of such
vehicle has a valid taxicab driver's permit, and the taxicab
is operated pursuant to this Chapter.
(b)
Notwithstanding subsection
(a) above, a taxicab company or taxicab driver that is lawfully permitted by a governmental agency to operate in Los Angeles County may provide prearranged trips anywhere within the City.
(c)
No person who drives or operates a taxicab in the City shall
publish, advertise or broadcast in any manner, written or oral, a
telephone number, website address, or other identifier, either by
itself or connected to a rotary, redirect, or call forwarding system
for taxicab service, which is the same telephone number, website address,
or other identifier, as that for other taxicabs or vehicles for hire.
(d)
No person who drives or operates a taxicab in the City shall
use a name that imitates a name used by another person who drives
or operates a taxicab in such a manner as to be misleading or tend
to confuse or defraud the public.
(e)
No person shall advertise or otherwise hold itself out as providing
taxicab services within the City, unless such person is operating
pursuant to a taxicab company permit granted by the City or is lawfully
permitted by a governmental agency to provide prearranged trips in
the City.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
The Director of Transportation or designee is authorized to
adopt administrative rules and regulations consistent with this Code
and applicable State law necessary to implement this Chapter. Such
rules and regulations may include, but are not limited to, provisions:
governing taxicab service and safety; prescribing limitations, conditions
and qualifications of applicants for vehicle permits and driver permits;
stipulating the responsibilities of taxicab company permittees and
their drivers; and pertaining to public health, safety, and welfare.
Violations of the administrative rules and regulations adopted pursuant
to this section shall constitute violations of this Chapter, and shall
subject the violator to the penalties set forth in this Chapter.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
(a)
Except as otherwise provided in this Chapter, any person violating
any provision of this Chapter shall be guilty of either: (1) an infraction,
which shall be punishable by a fine of one hundred dollars for the
first violation, two hundred dollars for a second violation within
one year, and five hundred dollars for a third and subsequent violations
within one year; or (2) a misdemeanor, which shall be punishable by
a fine not exceeding one thousand dollars per violation, or by imprisonment
in the County Jail for a period not exceeding six months, or by both
such fine and imprisonment. Where the violation is of a continuing
nature, each day that the violation continues constitutes a separate
and distinct violation.
(b)
Any police officer and other persons authorized by the City
to enforce this Chapter are authorized under Sections 53075.6 and
53075.61 of the California
Government Code, Section 5411.5 of the
California
Public Utilities Code, Section 21100.4 of the California
Vehicle Code and any other applicable State law, to impound and retain
any vehicle operating within the City as a taxicab without having
any valid permits issued by the City to operate a taxicab service,
in violation of this Chapter.
(c)
Every person who operates a taxicab and who knowingly and willfully
issues, publishes or affixes, or causes or permits to be issued, published
or affixed, any oral or written advertisement, broadcast or holding
out to the public or any portion thereof, in any manner whatsoever,
that the person operates a taxicab company or an individual taxicab
without having any valid permits is guilty of a misdemeanor.
(d)
Any person who, after due notice and an opportunity to be heard in accordance with the provisions of Chapter
6.16, is found to have been operating a taxicab service within the City without any valid permits may in the City's discretion be required to pay a fine of not less than five thousand dollars for each violation, plus any assessments and interest as authorized by law, as set forth by resolution of the City Council.
(e)
The remedies specified in this Section are cumulative and their
specification shall not preclude the use of any other remedy provided
by law.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)
Any person who violates a rule or regulation adopted pursuant to this Chapter may be subject to an administrative citation pursuant to Chapter
1.09 of this Code. A taxicab company shall be responsible for the violation of a rule or regulation by a taxicab driver operating under that company, and shall be deemed a responsible party within the meaning of Section
1.09.020 of this Code.
(Added by Ord. No. 2590CCS, adopted 11/13/18; amended by Ord. No.
2760CCS, 10/10/23)