For the purpose of this chapter, certain terms used herein are
defined as follows:
means a vehicle operated at rates per mile or for waiting
time, or both, used for transportation of passengers for hire with
trips originating from points within the city, or, if outside the
city, regularly carries passengers within the city streets, and such
vehicles are in route as to destination under the direction of a passenger
or of a person hiring the same.
means any person driving and in immediate possession of a
taxicab for the purpose of providing a taxicab transportation service
and may be an employee or an independent operator.
means every person, company, corporation, association or
any other organizational structure which purpose is to provide taxicab
services in the city.
means any mechanical instrument, device or machine by which
the charge for hire of a passenger-carrying vehicle is mechanically
calculated, either for distance travelled or time consumed, or both,
and upon which instrument, device or machine such charge is indicated
by figures.
means a dome light installed on the roof of a taxicab vehicle
to provide ready identification of their for hire status.
(Ord. 603 § 1, 1990)
It is unlawful to operate any taxicab business in the city unless
the taxicab operator thereof has applied for and obtained a permit
issued pursuant to the provisions of this chapter from the director
of code compliance. The permit fee required herein, shall be in addition
to any other license, permit or fee required under any of the provisions
of this code.
(Ord. 603 § 1, 1990)
Taxicab permit shall be renewed annually and the permit fee
shall be set forth by resolution of the city council and amended as
deemed necessary by council.
(Ord. 603 § 1, 1990)
Taxicab operator shall be required to affix a business license
tax vehicle decal to the rear bumper of each taxicab vehicle per Section
5.04.200(D) of this code.
(Ord. 603 § 1, 1990)
A.
Each
taxicab vehicle shall be equipped with a properly operating taxicab
meter and top light.
B.
A rate
card shall be posted in each vehicle, in full view, stating the current
rates being charged by the taxicab operator. The city council shall
regulate the rates any time it is deemed necessary by resolution.
C.
No taxicab
driver shall be employed by the taxicab operator who does not have
in his or her possession at all times a valid and proper class of
license issued by the state of California.
D.
The
taxicab operator shall assure that all taxicab drivers employed or
used in carrying out their duties shall be courteous, of good moral
character, neatly dressed and groomed, and knowledgeable of city's
streets, addresses and points of interest.
E.
The
taxicab operator shall assure the exterior and interior of each taxicab
vehicle is maintained in an attractive appearance.
F.
Taxicab operator shall assure that the taxicab vehicle at all times, meets the requirements of Title 13 of the California Administrative Code, as they now exist or as they may hereafter be lawfully amended. No vehicle shall be operated which reflects any deficiency from Title 13 in the power train, suspension, brakes, lighting system, signaling devices, or fuel systems. In the event any such deficiency is detected, the taxicab operator shall immediately remove such vehicle from service until such deficiency is corrected, and the permit suspended per Section 5.98.090 of this chapter.
G.
Taxicab
operator shall operate all vehicles in accordance with the laws of
the state, municipal codes of the city, and/or any other applicable
law.
H.
A taxicab
operator shall not conduct his or her business out of any residential
zone of the city.
I.
A taxicab
operator upon request of the director of code compliance shall respond
within ten days to any written complaint concerning transportation
service.
J.
The
taxicab operator shall have the vehicle available for inspection by
the sheriff's department, and taximeter available for inspection by
the division of weight and measure, when ordered to do so.
(Ord. 603 § 1, 1990)
Before any taxicab permit shall be issued, the taxicab operator
shall file with the director of code compliance, and thereafter keep
in full force and effect, a policy of insurance in such form as the
city attorney may deem proper. Such policy shall insure the taxicab
operator and taxicab driver of each taxicab vehicle operated, or to
be operated under the taxicab permit against liability for damage
to property, and for injury to or the death of, any person as a result
the ownership, operation, or other use thereof. The minimum liability
limits shall not be less than seven hundred fifty thousand dollars.
All such policies shall contain a provision naming the city of Palm
Desert as additionally insured. The taxicab operator shall hold the
city harmless for all claims, demands and actions of any type whatsoever
occasioned by the operation of the taxicab operator business. The
insurance policy shall contain a provision or endorsement providing
that such policy or bond will not be canceled until notice in writing
shall be given to the city, addressed to the city attorney, at least
thirty days immediately prior to the time such cancellation be comes
effective.
(Ord. 603 § 1, 1990)
Taxicab operator agrees to indemnify, defend, and save the city
and its agents and employees harmless from any and all liability,
claims, damages or injuries to any person including, without limitation,
injury to taxicab operators drivers and other employees, and all claims
which arise from or are connected with the negligent performance of,
or failure to perform the work or other obligations upon vehicles
provided by law or are caused or claim to be caused by the negligent
acts of the taxicab operator, drivers and other employees, all expenses
of investigating and defending against same, provided, however, that
this indemnification and hold harmless shall include any claim arising
from the sole negligence or wilful misconduct of the city and its
agents and employees.
(Ord. 603 § 1, 1990)
The taxicab operator shall keep the following records which
shall be made available, upon request, for inspection by the city
manager or his designated representative or by the sheriff's department.
A.
Number
of calls for service, by day, including the time of call, time of
deposit and time of pick-up;
B.
Daily
log, by taxicab number, of those taxicabs in safe mechanical condition
and available for service;
C.
Daily
log, by taxicab number, of those taxicabs not available for service,
and the reason thereof;
D.
Current
rate schedule of fees;
E.
Employment
record of taxicab drivers; and
F.
Copy
of Federal Communication Commission license showing the assigned radio
frequency.
(Ord. 603 § 1, 1990)
Advertising materials are permitted on taxicabs pursuant to Section 10.68.060 of this code.
(Ord. 1079 § 1, 2004)
The city manager may suspend any taxicab permit to operate a
business or any vehicle for a period of up to two weeks, in the event
he determines that the public safety and welfare would be benefitted
thereby and where mechanical or operational deficiencies need be corrected.
If the taxicab operator fails to correct such deficiencies within
said two week period, the city manager may request the permit be revoked.
(Ord. 603 § 1, 1990)
The taxicab operator aggrieved by any decision of the city manager
made pursuant to the provisions of this chapter may appeal therefrom
to the city council within ten days after notice of such decision
by filing with the city clerk's office a written notice of appeal.
If such appeal is made within the prescribed time, the city clerk
shall cause the matter to be set for hearing before the city council
within thirty days from date of receipt of such notice of appeal,
giving the taxicab operator not less than ten days notice in writing
of the time and place of the hearing. The findings and determination
of the council at such hearing shall be final and conclusive. In the
event the taxicab operator fails to submit an appeal within the prescribed
time, the decision of the city shall become final and conclusive on
expiration of the time stated in this section for appeal.
(Ord. 603 § 1, 1990)
After notice and hearing pursuant to the provisions of this
chapter, the permit may be revoked by city council if it finds and
determines:
A.
Taxicab
operator or taxicab drivers or other employees, fails to comply with
all the provisions of this chapter;
B.
Upon
request by the city requiring the sheriff's department to check into
the moral character of the taxicab operators, the sheriff's department
recommends revocation of the permit; and
C.
Upon
request by the city requiring the sheriff's department to check into
the moral character of taxicab drivers and other employees and the
sheriff's department recommends the termination of said persons and
the taxicab operator fails to do so, the permit may be revoked;
D.
Cancellation
of policy of insurance.
(Ord. 603 § 1, 1990)
Prior to the city's taking action to revoke a taxicab permit,
the taxicab operator shall be afforded a due process hearing before
the city council, at which time the taxicab operator may introduce
evidence and examine or cross-examine witnesses as to why such action
should not be taken. The taxicab operator may be represented by counsel
or any other person of his or her choice upon the close of the hearing,
the city council shall render a final and conclusive decision.
(Ord. 603 § 1, 1990)
The taxicab permit is not assignable, transferable, or otherwise
alienable by the taxicab operator.
(Ord. 603 § 1, 1990)
Any person violating the provisions of this chapter shall be
guilty of an infraction.
(Ord. 603 § 1, 1990)
If any provision of this chapter is held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions of this chapter shall not be invalidated.
(Ord. 603 § 1, 1990)
