For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.
"Certificate"
is a certificate of public convenience and necessity issued pursuant to this chapter.
"Taxicab"
is every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the city, and not over a regular or defined route and irrespective of whether the operation extends beyond the boundary limits of the city or not, excepting vehicles of transportation companies as defined in this chapter.
"Transportation companies"
mean "transporting company" as defined in that certain act of the legislature of the state, approved May 10, 1917, providing for the supervision and regulation of the transportation of persons and property for compensation over public highways by automobiles, jitney busses, auto trucks, stages and auto stages, and all amendments to said act.
(Prior code §§ 6405, 6405.1, 6405.2, 6405.3)
No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street within the city, without having obtained and in good standing a certificate of public convenience and necessity so to do in accordance with the provisions hereof, and without complying with or having complied with all the provisions of this part and such certificate.
(Prior code § 6405.4)
Any person desiring to obtain the certificate required by Section 5.72.020 shall pay a fee of forty-five dollars to the license collector, and shall make a verified application for the certificate to the city council, with the application shall set forth:
(1) 
The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company, with the address of each;
(2) 
A complete schedule of the fares or rates to be charged;
(3) 
A description of every motor vehicle which the applicant proposes to use, giving:
(A) 
Trade name,
(B) 
Motor and serial number,
(C) 
State license number,
(D) 
Seating capacity,
(E) 
Body style,
(4) 
The street number and exact location of the place where the applicant proposes to stand each such taxicab;
(5) 
The name of the legal and registered owner of each such vehicle;
(6) 
The distinctive color scheme, name monogram, and insignia, which shall be used on such taxicab;
(7) 
If any proposed stand is in the public street, said application shall be accompanied by a written consent thereto, of all the occupants of the ground floor of any building or lot in front of which such taxicab is to be located, and for twenty-five feet each way therefrom, or if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot;
(8) 
The applicant shall have all meters in the motor vehicles described in subsection (3) of this section tested for accuracy and furnish proof thereof by including in the application a certificate of meter accuracy in the form approved by the license collector. Thereafter, a new certificate of meter accuracy shall be submitted to the city by the company annually at the same time each year that the application for renewal of permit to operate taxicab required by Section 5.72.310 is filed. The certificate of meter accuracy must include all meters transferred to new or other taxicab vehicles as well as all new meters obtained by the company.
(Prior code § 6405.5; Ord. 1470 § 8, 1978)
Upon receipt of any application referred to in Section 5.72.030, the license collector shall set a time, not less than ten nor more than thirty days thereafter, for the hearing of the said application before the city council, and shall give notice of the time so set, at least five days before the date of said hearing, to the applicant by mail, at the address set out in such application, and by publication of notice of such application and the date of hearing in a newspaper in the city on one day of publication.
(Prior code § 6405.6)
At the time set for the hearing of such application, the city council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applied for, and if it be found by the council that the public interest, convenience and necessity require the issuance of the certificate applied for, it shall by resolution order the license collector to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as hereinafter in Section 5.72.070 provided, and subject to such conditions as may be imposed by said resolution including the minimum and maximum number of vehicles that may be used.
(Prior code § 6405.7)
Any of the following reasons shall be sufficient for denial of the certificate:
(1) 
That the application is not in the form, and does not contain the information required to be contained therein by this chapter;
(2) 
That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used;
(3) 
That the color scheme, name, monogram, or insignia to be used upon such automobiles shall be in conflict with or imitate any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public;
(4) 
That the location of the stand, as herein stated, is such as to congest or interfere with travel on any public street, or that the proposed stand is within three hundred feet of any other stand therefor fixed by the city council on the same street;
(5) 
That the applicant has, at some prior time, had such a certificate revoked for reason;
(6) 
That it shall appear to the city council that there are a sufficient number of taxicabs and automobiles for hire in the city to fully serve the public, and that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of such permit.
(Prior code § 6405.8)
Before a certificate shall be issued by the license collector, the applicant to whom a certificate shall have been awarded by the city council as aforesaid, shall deliver to the city a policy of insurance. The policy of insurance shall indicate all vehicles and substitute vehicles in use, and the owner and the driver of each of the taxicabs which the owner will operate in the city. The policy must show insurance against liability for injury to any person as the result of ownership, operation, or the use thereof. The insurance policies must remain in full force and effect and must meet the following minimum requirements for each vehicle listed on the application:
(1) 
The policy of insurance for each vehicle listed in the application must be issued by a carrier licensed by the state Department of Insurance to sell commercial automobile liability in the state and be a member of the California Insurance Guarantee Fund, with a minimum A.M. Best rating of B+VII or a comparable rating applicable to insurance companies as stated from time to time by Standard and Poor's, Moody's or Fitch Investors Services for insurance rating purposes.
(2) 
The policy shall contain policy limits of:
(A) 
Not less than one million dollars combined single limit per occurrence; or
(B) 
Limits of not less than:
(i) 
Two hundred fifty thousand dollars per person,
(ii) 
One million dollar dollars per accident, and
(iii) 
One hundred thousand dollars for property damage per accident.
(3) 
Such insurance shall include a property damage deductible of not more than two thousand dollars and an "uninsured motorist" endorsement.
(4) 
The policy shall name the city of Monterey Park, its city council, and its officers, agents and employees as additional insured; and shall be primary to and not contributing to any other insurance maintained by the city.
(5) 
The policy shall provide for written notice to be submitted to the city thirty days prior to any cancellation or modification of the policy.
(6) 
A certificate of insurance which conforms to the above provisions shall be submitted to the city.
(Prior code § 6405.9; Ord. 1853 § 2, 1993)
Any certificate or permit granted under the provisions of this chapter may be revoked by the city council either as a whole or as to any car described therein, or as to the right to use any distinctive color, monogram, or insignia, after five days notice to the certificate holder, requiring him to appear at a certain time and place to show cause why the certificate should not be revoked for any of the following reasons:
(1) 
That the undertaking provided for in Section 5.72.070 has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason;
(2) 
For the nonpayment for any license fee provided by the schedule of license fees;
(3) 
For failure to observe any of the rules and regulations or provisions set out in this chapter or in the certificate;
(4) 
For the violation of any of the laws of the state or ordinances of the city, by any certificate holder, operator or driver of any taxicab covered by such certificate;
(5) 
For failure to maintain satisfactory service to the public by means of any of the vehicles described in the application or for failure to keep any such car in use for an unreasonable length of time, or for failure to use the distinctive color, monogram, or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application;
(6) 
For any cause which in the opinion of the city council makes it contrary to the public interest, convenience and necessity for the certificate or permit to be continued;
(7) 
For failure to furnish annually a new certificate of meter accuracy required by Section 5.72.030(8).
(Prior code § 6405.10)
In the event that any certificate holder desires to change his or her schedule of rates and charges or the color scheme, name, monogram, or insignia used on such taxicab, or to substitute any vehicle for and in place of the vehicle described in the application, or to increase or decrease the number of vehicles used by him as taxicabs, he shall make application for permission to do so from the city council, which permission shall be granted if, in the discretion of the city council, it deems the public interest, necessity and convenience will be subserved by the change, and if the certificate holder has complied with all provisions of this chapter; provided, however, that the city manager may approve substitution of vehicles without council review when newer models are substituted for older model cars.
(Prior code § 6405.11)
The city council may, by resolution, specify stands at which such taxicabs may be parked pursuant to the provisions of any ordinance or law now in force or that may be hereafter enacted governing the parking of motor vehicles within the city, and may by such resolution specify the nature and extent of the use to which such stand may be devoted. The stand shall consist of one car space, to be marked off, painted and reserved for such taxicabs only.
(Prior code § 6405.12)
No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same, with the intent to defraud the person from whom it is hired.
(Prior code § 6405.13)
Any person driving a taxicab shall wear a distinctive cap with a badge in plain sight inscribed with the name of the person to whom the certificate has been issued.
(Prior code § 6405.15)
No taxicabs shall be operated in the city unless the undertaking provided for in Section 5.72.070 is in full force and effect.
(Prior code § 6405.16)
No taxicab shall remain standing upon any portion of any public street within the city except for loading and unloading passengers, and then not for a period of more than five minutes, excepting at such stand as may be designated by the city council. This section shall not apply to any taxicab while the same is engaged by and being paid for by a passenger.
(Prior code § 6405.17)
No operator or owner of any taxicab shall solicit or carry any passenger after such taxicab shall have been engaged or while in use for another passenger, without the consent of the passenger first engaging the same, having been first obtained. A passenger or passengers engaging such taxicab shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he desires the same.
(Prior code § 6405.18)
The operator of any taxicab shall carry any passengers engaging the same safely and expeditiously to his or her destination by the most direct and accessible route.
(Prior code § 6405.19)
No person shall drive a taxicab, in the city, without first having obtained a California chauffeur's license, also a city taxicab driver's permit, issued in writing by the chief of police of the city as in this chapter provided.
(Prior code § 6405.22)
No owner or operator of any taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public or other persons engaged in the same business, and the city council shall be the sole judge of what constitutes fraud or unfair competition under the provisions of this section. Any complaints to the council of violation of this section shall only be heard upon written complaint specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths.
(Prior code § 6405.23)
Every taxicab shall have posted in the passenger's compartment, a schedule of rates and charges for the hire of said vehicle; also a card bearing the driver's name and address as hereinafter provided and another card bearing the owner's name, address and telephone number, the cab number, and the city police department phone number, all contained in a small metal container or holder at least three to four inches in size, and placed in a conspicuous place in the passenger compartment.
(Prior code § 6405.24)
The driver of a taxicab shall remain within ten feet of said taxicab while parked at any stand designated by the city council, except while assisting passengers to load or unload or while answering his or her telephone.
(Prior code § 6405.25)
No charge shall be made by any operator or owner of a taxicab lower than or in excess of the rates posted in the passenger compartment of said car and approved by the city council.
(Prior code § 6405.26)
Every taxicab shall be equipped at all times with a standard type fire extinguisher in good working condition.
(Prior code § 6405.28)
No person shall solicit, or pick up passengers for pay within the city for transportation in any cab, taxicab, automobile, station wagon, or bus, not licensed by and carrying a certificate to do so from and by the city council, excepting only busses operating under authority of the public utilities commission.
(Prior code § 6405.29)
No person shall drive or operate a taxicab in the city without first obtaining a permit in writing so to do from the chief of police. Any person desiring to obtain such driver's permit shall make a written application therefor to the chief of police accompanied by a fee of thirty dollars. No permit shall be issued to any person under the age of eighteen years, or to any person who has been convicted of a felony or a misdemeanor involving moral turpitude, or to any person who within a period of two years, immediately preceding such application, has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs. No driver's permit shall be granted to any person who does not hold an operator's license issued by the Motor Vehicle Department of the state. Any falsification on the application for the permit will be grounds for the refusal of the permit.
(Prior code § 6405.30; Ord. 1305 § 1, 1971; Ord. 1470 § 8, 1978)
Before a permit is granted to any applicant, said applicant shall present himself to the police department, furnish an acceptable photograph and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of the police department.
(Prior code § 6405.31)
Upon obtaining the permit the driver or operator shall, at all times, keep posted in full view in the vehicle operated by him an identification card not less than four inches by six inches in size, furnished by the chief of police, which shall have plainly printed thereon the name of said driver or operator, his or her business address and telephone number, his or her permit number and his or her photograph.
(Prior code § 6405.32)
All permits to operate a taxicab shall expire one year from the date of issue. Applications for renewal shall be made within thirty days before the date of expiration of the permit. If so made within the period prescribed, such renewal shall be made without charge. The permits are personal and not transferable. All applications for renewal of permit shall be accompanied with a new certificate of meter accuracy required by Section 5.72.030(8).
(Prior code § 6405.33)
The chief of police may revoke or suspend any such driver's permit so issued for any violation of the provisions of this chapter by the holder of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such a state of facts existed at the time application was made for such permit or came into existence thereafter.
(Prior code § 6405.34)
In the event of a refusal, revocation or suspension of any driver's permit by the chief of police, the applicant or permittee may appeal from the decision to the city council, which may in its discretion affirm, reverse or modify the rule made by the chief of police.
(Prior code § 6405.35)
Every certificate holder shall designate each of his or her taxicabs by number, and no two taxicabs of any certificate holder shall be designated by the same number. The name or trade name of the certificate holder and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab and in the passenger compartment thereof.
(Prior code § 6405.36)
No certificate or permit issued under the terms of this chapter shall be transferable either by contract or operation of law without the permission of the city council having been first obtained and any such attempted transfer shall be sufficient cause for revocation thereof.
(Prior code § 6405.37)
During the existence of any permit issued pursuant to this chapter, the permittee shall, upon request of the chief of police, submit for examination at intervals of at least every six months his or her vehicles and drivers for inspection to assure compliance with the requirements herein set forth. Failure of the permittee to so provide for such inspection upon written request, or failure to provide continuing compliance with the requirements of this chapter, shall constitute grounds for revocation for any permit hereunder.
(Prior code § 6405.38)