This chapter shall be known as the "Taxicab Regulation Ordinance" of the City of West Hollywood and shall apply to all taxicab service originating within the City of West Hollywood.
(Ord. 04-675 § 1, 2004)
Editor's Note: Prior ordinance history – Ordinances, or parts of ordinances, Nos. 98-526, 97-510, 97-507, 97-489, 389, 360, 353, 336, 331, and prior code §§ 3203 – 3209, were previously codified in this chapter, and were not specifically repealed by the adoption of Ordinance No. 04-675.
The purpose of this chapter is to enable the city to grant one or more nonexclusive franchises for the use of its streets and highways for the provision of taxicab services initiated within the city. The ordinance codified in this chapter constitutes an exercise of the city's police powers pursuant to Article XI, Section 7 of the California Constitution and enables a method of regulation intended to protect consumers and minimize hazards in the city's streets and highways by:
a.
Regulating the number of taxicabs and providing a method of registering all taxicabs permitted to operate within the City of West Hollywood city limits;
b.
Providing adequate information regarding the ownership and operation of taxicab businesses franchised to do business in the City of West Hollywood;
c.
Regulating the operation of taxicab businesses to ensure that their operation does not adversely affect the general welfare; and
d.
Regulating taxicab drivers to ensure the safe operation of taxicabs in the City of West Hollywood.
(Ord. 04-675 § 1, 2004)
For purposes of this chapter, the following words shall have the following meanings:
shall mean the Transportation and Mobility Commission of the City of West Hollywood.
shall mean the Director of Public Works of the City of West Hollywood or designee.
means the Department of Motor Vehicles.
means the Department of Motor Vehicle Driver License/Identification Card Information Request report.
shall mean and include the City of West Hollywood.
shall mean request for proposal.
shall mean and include the portion of any public street, road, highway, freeway, lane, alley, sidewalk, parkway or public space which now exists or which may hereafter exist within the City of West Hollywood.
shall mean every automobile or motor-propelled vehicle which is designated to carry not more than eight persons, excluding the driver, and is either equipped with a taxicab meter or a top light or has the words "taxi," "cab," or "taxicab" displayed on the exterior of the vehicle and used for the transportation of passengers for hire over the streets of this city, irrespective of whether such operations extend beyond the boundary limits of this city, at rates for distance traveled, or for zones, or for waiting, standby or traffic delay time, or for any combination of such rates, and not operating over a defined route but routed under the direction of such passengers or persons hiring same.
shall mean the driver of an individual taxicab.
shall mean the personal permit approved and issued by the City of West Hollywood to a driver that is a member of and/or employed by a taxicab company franchised to operate in the City of West Hollywood, has paid the required fees, has successfully passed a written and oral test and has met all other requirements of the taxicab regulations.
shall mean a person, association, solely owned partnership, stock corporation, cooperative organization or other organization, however organized, that operates a taxicab service.
shall mean the transportation service provided by taxicab companies.
shall mean and include the portion of a street area designated for the standing or stopping of taxicabs while awaiting employment.
shall mean the seal/sticker approved, issued and affixed to the rear of a taxicab by the City of West Hollywood upon payment of fees, the city's approval of a taxicab company's franchise and the passing of the taxicab vehicle inspection.
shall mean and include a device that automatically calculates a predetermined rate or rates for taxicab service and indicates the charge for the hire of a taxicab.
(Ord. 04-675 § 1, 2004; Ord. 10-858 § 1, 2010; Ord. 23-09 § 29, 2023)
a.
It is unlawful for any person to engage in the business of operating or causing to be operated any automobile for hire or taxicab service within the city without having a franchise to do so awarded pursuant to the provisions of this chapter. The City Council may in its discretion issue one or more nonexclusive franchises for the provision of taxicab services within the city upon finding that franchising is necessary to assure reliable, safe and quality taxicab service to city residents and to eliminate undue congestion, disorganization and hazards associated with a deregulated taxicab environment. In such event, upon issuance of one or more franchises, the city shall not accept new or renewal applications for an existing license to operate a taxicab service and it shall be unlawful for any person other than the franchisee(s) to engage in the business of operating or causing to be operated any taxicab service within the city.
b.
The city shall award one or more nonexclusive franchises for taxicab service through a competitive bidding process. The city may in its discretion apply different criteria or a different selection methodology to taxicab companies licensed to operate taxicab services in the city as of May 1, 2003 than it applies to proposals from new companies, in recognition of their investment in their West Hollywood-based operations. Franchise proposals shall be evaluated based on demonstrated quality of service, safety, past experience, driver qualifications, financial stability, age and condition of taxicabs, insurability and extra services available to the public. Upon selection each franchisee shall enter into a franchise agreement with the city that shall have an initial term of three years, with subsequent extensions of a duration at the discretion of the City Council. The agreement may impose obligations on the franchisee that are additional to, but not inconsistent with, those imposed by this chapter. The city may at any time initiate a competitive bidding process for the issuance of new franchises. Nothing shall prohibit a franchisee from competing for a new franchise; however, any franchisee whose franchise has been revoked shall thereafter be prohibited from competing for award of a franchise for a period of three years following the scheduled expiration of its franchise agreement.
c.
Upon receipt of a franchise proposal and payment of the required application fee, staff shall review the information to determine that it is complete. A proposal that is incomplete will not be considered responsive or responsible and will not be evaluated. Staff will evaluate the proposals and make recommendations to the Transportation and Mobility Commission, which shall consider staff's evaluation and make its recommendations to the City Council relative to the award of one or more franchises.
d.
Each franchisee shall pay an annual fee to the city for the privilege of operating a taxicab service in the city for each year of any franchise term. The fee shall be due upon execution of the franchise agreement by the city and the anniversary date thereof in each successive year of the term of the franchise. Failure to pay the franchise fee when due shall be cause for revocation of the franchise.
e.
The maximum number of taxicabs permitted to operate under the terms of all franchises granted by the city shall be established by the City Council from time to time. The franchisee shall propose to operate not less than twenty-five vehicles. Upon finding that the number of permitted taxicabs operating in the city is detrimental to public safety and welfare, the City Council may at any time reduce the total maximum number of taxicabs, with a commensurate pro rata reduction in the permitted taxicabs under each franchise.
f.
Franchisees will be reviewed annually for performance and consistency with their proposal and city operating and service requirements.
g.
Each franchisee shall be required annually to obtain a taxicab vehicle permit and pay the required vehicle permit fees for every taxicab in its service into which passengers are accepted for transportation in the City of West Hollywood. Vehicle permits will be issued only to vehicles that pass a city inspection to ensure the taxicab meets the requirements of this chapter, any conditions of approval, and any additional requirements of the Director. All vehicle permit fees shall be paid prior to the city inspection. A franchise shall be subject to revocation if the franchisee operates taxicabs not specifically permitted under its franchise agreement or not bearing the decal or tag issued by the city designating it for operation in the city. Any taxicab that has not successfully completed and passed the city's inspection within sixty days of execution of a franchise agreement will be ineligible to operate in the city, and the number of taxicabs authorized in the franchise agreement shall be reduced to the number of vehicles for which valid taxicab permits have been issued by the city by that date. Vehicle permits shall be valid for a period of one year unless revoked pursuant to the provisions of this chapter.
h.
No taxicab company shall permit any taxicab driver in its employ to operate a taxicab in the City of West Hollywood into which passengers are accepted for transportation without having first obtained a valid West Hollywood taxicab driver's permit.
i.
The rate schedule for taxicab services shall be established by resolution of the City Council from time to time.
(Ord. 04-675 § 1, 2004; Ord. 12-892 § 1, 2012; Ord. 23-09 § 30, 2023)
Proposals for award of a taxicab franchise shall be submitted only in response to a request for proposals issued by the city; unsolicited proposals will not be considered. Upon receipt of fully completed and executed proposals, with all required supporting documentation, notice of a hearing before the Transportation and Mobility Commission shall be given at least ten days prior to the hearing in the following manner:
a.
Notice of a public hearing shall be posted at the three legal posting places specified in Section 1.16.010 of this code and shall include the time, place and date set for hearing as well as the names of the taxi companies whose proposals are under consideration.
b.
Notice of the hearing shall also be sent to the applicants by certified mail, return receipt requested.
Following the public hearing, the Transportation and Mobility Commission shall make a recommendation relative to the award of one or more nonexclusive franchises. The recommendation of the Transportation and Mobility Commission shall be considered by the City Council, which may award one or more nonexclusive franchises. |
(Ord. 04-675 § 1, 2004; Ord. 23-09 § 31, 2023)
a.
Every taxicab franchisee shall obtain and maintain in full force and effect separate commercial automobile liability insurance for each vehicle proposed to be operated in connection with his or her taxicab service meeting the following requirements:
1.
The policy insurer must be either a carrier licensed by the State of California to sell commercial automobile liability in the State of California and be a member of the California Insurance Guarantee Fund, or maintain an AM Best rating of "A" or better for non-admitted carriers (with proof of said licensing or rating to be provided by applicant);
2.
The policy shall be written with policy limits of: (A) not less than $300,000 or a combined $350,000 single limit per occurrence; or (B) not less than $100,000 per person, $300,000 per accident, and $100,000 for property damage;
3.
The policy shall be primary and not contributing to any other insurance maintained by the city;
4.
The policy shall name the City of West Hollywood, its City Council, and its officers, agents, and employees as additional insureds;
5.
The policy may include a property damage deductible or self-insured retention not greater than $5,000 per occurrence. Self-insured retentions and deductibles in excess of $5,000 may be acceptable upon satisfaction of the city's financial requirements including proof of ability to pay claims inside the self-insured retention per vehicle.
b.
Every taxicab franchisee pursuant to this chapter shall be required to provide full and complete documentation to the satisfaction of the Director to verify insurance coverage. The documentation shall include the following:
1.
The city's Automobile Liability Special Endorsement Form completed to the satisfaction of the Director of the Department of Public Works;
2.
A Certificate of Insurance;
3.
A vehicle list of the insured vehicles. Every taxicab company licensed pursuant to this chapter shall be required to provide a full and complete West Hollywood vehicle list in a format acceptable to the Director.
c.
Notification. The insurance policy shall provide that the Director must be provided with thirty days' prior written notice of any cancellation or modification of the insurance policy. The taxicab company shall provide the Director with thirty days written notification for changes to the insurance policy that is initiated by the taxicab company.
(Ord. 04-675 § 1, 2004; Ord. 10-858 § 2, 2010)
Each franchise shall provide that except for the active negligence or willful misconduct of the city, the franchisee will undertake and agree to defend, indemnify and hold harmless the city and any and all of the city's boards, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to the following: attorneys' fees and cost of litigation; damage or liability of any nature whatsoever; death or injury to any person, including the franchisee's members, employees and agents; or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of, or incident to, the performance of this franchise on the part of the franchisee.
(Ord. 04-675 § 1, 2004)
No franchise issued under this chapter shall be transferred or assigned without the written approval of the city. The following transactions shall be considered transfers:
1.
The addition or withdrawal of a new partner or partners;
2.
The transfer of a business from one partnership to another;
3.
The transfer of a business from a partnership to a corporation;
4.
The transfer from one corporation to another;
5.
The transfer of a business from a corporation to a partnership;
6.
The transfer of a business from a partnership to an individual, or vice versa;
7.
The transfer of a majority share of stock in a corporation from one shareholder to another; or
8.
The transfer of a business from an individual, partnership, corporation, cooperative, member stock-type operation, service organization, or other association to any other such individual, partnership, corporation, cooperative, member stock-type operation, service organization, or other association.
An association, solely owned partnership, stock corporation, franchise operation, cooperative stock-type operation, licensed as a taxicab company under this chapter shall notify the Director immediately of any changes in membership, stock ownership, corporate officers, operating officers, or modification in operations, agreements, articles, bylaws or other memoranda of the licensee, in the operation of the taxicab service. |
(Ord. 04-675 § 1, 2004)
a.
The following information shall be included in every taxicab franchise issued under this chapter:
b.
Operating Requirements. Franchisees shall operate their taxicab service in accordance with the requirements contained in the Code of Conduct adopted by resolution of the City Council.
c.
Service Time Orders and Notice of Delays. Patrons shall be informed of the availability of taxi service. Orders for immediate service shall be dispatched within a fifteen-minute period unless the patron is informed of a probable time delay. "Time orders" shall be dispatched so that the taxicab can arrive at the time promised. An order for service that cannot be met within a reasonable time shall be referred to another taxicab company authorized to serve the city.
d.
Taxicab Drivers – License Preconditions. A taxicab company shall not permit any person to operate a taxicab authorized under his or her taxicab company's franchise unless such person has in his or her possession a valid driver's license issued by the State of California Department of Motor Vehicles, a current taxicab driver's permit from the company of employ franchised to operate in West Hollywood and a current West Hollywood personal taxicab driver's identification card obtained in accordance with the provisions of this chapter.
e.
Contracts and Agreements. Any taxicab authorized under a taxicab company's franchise may be operated pursuant to a driver's contract, agreement or understanding between either such taxicab company or a permitted taxicab driver operating under such taxicab company's franchise and any other permitted taxicab driver. Such contract, agreement or understanding shall not relieve any taxicab company or taxicab driver from full and complete compliance with applicable provisions of this chapter or franchise agreement.
f.
Company Compliance Responsibility.
1.
Every taxicab company franchised under this chapter shall hire and contract with a professional manager to act as the operating officer of that taxicab operation and that qualified manager shall be responsible for the oversight and management of that taxicab operation. The professional manager selected shall have no less than three years' experience in the transportation industry, or the equivalent training in management.
2.
Every taxicab company franchised under this chapter is responsible for complying with the provisions of this chapter, the franchise agreement, any rules or regulations adopted by the Commission, or promulgated by the Director, and for obtaining the compliance of its officers, employees, taxicab drivers, association members, agents or any other person connected with such taxicab company in providing taxicab service.
g.
Inspection of Property and records.
1.
At all reasonable times, the franchisee shall permit any duly authorized officer or employee of the city to examine all property of the franchisee, whether such property be situated within or outside the city, and to examine and transcribe any and all books, accounts, papers, maps, and other records kept or maintained by the franchisee which treat of the operations, affairs, transactions, property or financial condition of the franchisee, including those which treat of the operations and property of the franchisee outside the city.
2.
The franchisee shall prepare and furnish to the Department, at the times and in the form prescribed by the Department, such data with respect to the franchisee's operations, affairs, transactions, property or financial condition as may be reasonably necessary or appropriate to the performance of any of the Department's duties.
3.
Requested data may include but shall not be limited to: membership and lease driver records, waybills, maintenance records, financial statements, insurance, fleet schedules, dispatch records, vehicle records, affirmative action records, and employment records. In addition, a copy of every application, petition or schedule concerning rates and service within the city filed by the franchisee with any local or State of California agency, and all amendments thereof, shall be filed with the Department within one day thereafter.
4.
Upon request, every taxicab company franchised under this chapter shall inform the Director or Sheriff or any duly authorized peace officer of the names, addresses, and the sources of all taxicab drivers' permits or vehicle licenses, of all taxicab drivers which such taxicab company employs, manages or is otherwise connected.
5.
Failure to comply with any request for any information pursuant to this chapter shall be grounds for revocation of the franchise.
(Ord. 04-675 § 1, 2004)
a.
Suspension or Revocation. A franchisee's authority to operate may be suspended or revoked by the City Council pursuant to the provisions of this section.
b.
Suspension. The city shall have the right to suspend the franchisee's operations under the franchise in the event of a lapse in required insurance or any other violation of the franchise agreement or of the provisions of this chapter that, in the judgment of the Director, create an immediate safety hazard. In the event of a suspension, all the franchisee's taxicab operations in the city shall cease until such time as the suspension is lifted. The suspension shall remain in effect for as long as the violation remains uncured.
c.
Revocation. The city shall have the right to revoke the franchise and terminate the franchise agreement in the event that the franchisee fails to cure any default within the required time as provided in the agreement. The city shall further have the right to revoke the franchise and terminate the franchise agreement if the franchisee violates any material provision of any applicable law or ordinance; fails to maintain the insurance required by Section 5.108.060 or fails to pay to the city any monies due the city pursuant to this agreement (and fails to remedy such default within five days after written notice thereof from the city); fails to maintain in force all required licenses and permits; violates any orders or filings of any regulatory body having jurisdiction over the franchisee relative to its operations under the agreement, if the franchisee fails to make any payment required under the agreement and/or refuses to provide the city with required information, reports, and/or records in a timely manner as provided for in the agreement; if the franchisee practices, or attempts to practice, any fraud or deceit upon the city; or if the franchisee accumulates more than twenty violation points within the preceding twelve-month period, regardless of whether they are cured.
The franchisee may respond in writing to a notice of intent to terminate from the City Manager. The matter will then be referred to the City Council for consideration pursuant to this section. The City Council will set the matter for a hearing and the City Clerk shall give the collector thirty days' written notice of the time and place of the hearing. At the hearing, the City Council shall consider all the relevant evidence and testimony and if the City Council determines that the franchisee is in breach of the agreement as above described, the Council, in the exercise of its discretion, may order the franchisee to take remedial actions to cure the breach or impose any other remedy in accordance with this agreement, including but not limited to suspension for a designated period of time, temporary, permanent reduction of vehicle permits or revocation of the franchise and termination of the agreement. The decision or order of the City Council shall be final and binding.
d.
Effect of Suspension or Revocation.
1.
No fee refunds shall be issued to any franchisee upon revocation of a franchise.
2.
Upon revocation of any taxicab franchise under this chapter, no franchise to operate the same business activity shall be granted to the franchisee within the remainder of the three-year term or extension term of the franchise agreement and for a period of three years thereafter.
3.
Upon revocation or suspension of a franchise, the franchisee shall cease operation of its taxicab service in the city within the time specified in the order of suspension or revocation. Except as otherwise provided, in the event that the franchise is suspended, the franchisee may resume operation once the suspension has been lifted.
(Ord. 04-675 § 1, 2004)
a.
Taxicab Driver Obligations and Requirements.
1.
No taxicab driver shall operate a taxicab into which passengers are accepted for transportation within the City of West Hollywood without having first obtained a valid West Hollywood taxicab driver's permit and paid the required fees therefor.
2.
No taxicab driver shall operate a taxicab in the City of West Hollywood into which passengers are accepted for transportation unless such driver is employed by, or is associated with, a taxicab company approved to do business within the City of West Hollywood pursuant to a franchise agreement.
3.
Every taxicab driver shall ensure that any taxicab he/she is operating in the City of West Hollywood has a taxicab vehicle permit. The taxicab company shall receive a decal for each approved taxicab. The decal must be prominently displayed on the left side of the rear bumper of the vehicle.
4.
No taxicab driver shall operate a taxicab within the City of West Hollywood into which passengers are accepted for transportation without a valid West Hollywood vehicle permit affixed on the rear of the taxicab so that it is clearly visible from outside the vehicle. Failure to display the decal shall be a violation of this chapter and a citable offense.
5.
Taxicab driver's personal permits shall be valid for one year from the date of issuance, unless sooner revoked pursuant to the provisions of this chapter.
b.
A taxicab driver permit may be obtained provided the prospective driver has submitted all of the following:
1.
A completed taxicab driver permit application signed and dated by the applicant and accompanied by the permit application fee determined by resolution of the City Council;
2.
Typed documentation that is dated and signed from a franchised taxicab company in the City of West Hollywood that the applicant will be hired or is employed as a taxicab driver upon issuance of a taxicab driver's permit;
3.
Fingerprints taken at an approved California Department of Justice fingerprinting agency, (a taxicab driver with a current Beverly Hills or Los Angeles taxicab driver's permit is exempt);
4.
Three current 2″ x 2″ professional quality color photos (passport photos) of the applicant;
5.
A current valid California Driver's License;
6.
Proof that the applicant is at least eighteen years of age;
7.
A cleared background check;
8.
A negative drug and alcohol screening test taken within the previous thirty days in compliance with California Government code Section 53075.5(b)(3); and
9.
Payment of all applicable fees.
c.
Submission of Application. Upon receipt of an application for a taxicab driver's permit and the required fees therefor, staff shall review the application to determine that it is complete. An application that is not complete shall be returned to the applicant along with a list of the deficiencies. Once an application is determined to be complete, it shall be filed and accepted for processing and review.
d.
Review and Investigation.
1.
Generally. Once an application for a taxicab driver's permit is filed, the Director shall initiate an investigation of facts for each application with the appropriate City or County agencies. Taxicab drivers that are required to have their fingerprints taken prior to attaining a West Hollywood taxicab driver's permit shall not receive a West Hollywood permit until the West Hollywood Parking Division is in receipt of a recommendation for approval to operate from the Los Angeles County Sheriff's Department.
2.
Every applicant for a taxicab driver's permit shall be required to take an examination, developed and administered by the Director, which tests whether the applicant possesses the qualifications necessary to operate a taxicab. The examination shall test the applicant's ability to communicate in English, to locate, with the aid of a street atlas, street addresses and intersections, to communicate points of interest and shall test his or her knowledge of the laws of the road.
3.
An applicant shall not have been convicted, during the preceding seven years of any offense relating to the use, sale, possession or transportation of narcotics or addictive or dangerous drugs, or of any act involving violence against persons, or of any sexual offense constituting a felony, or of any offense punishable as a felony or of theft in either degree. For the purposes of this rule, a subsequent change of plea or vacation of verdict and dismissal of charges pursuant to California Penal Code Section 1203.4 does not release the applicant from the penalties and disabilities resulting from the offense of which he or she has been convicted.
4.
Every taxicab driver and/or company shall ensure that the driver has tested negative to controlled substances and alcohol pursuant to SB 46 (Ayala), enacted as Chapter 405 of Statues of 1995 amending Government Code Section 53075.5. Upon request the driver and/or company shall provide written proof of compliance to the city.
e.
Grounds for Denial. The Director shall not grant a taxicab driver's permit if he or she finds that:
1.
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics;
2.
The applicant has made a material misrepresentation of fact in the application for permit;
3.
The applicant has been convicted of the following types of California Vehicle Code violations (not limited to the sections enumerated):
4.
The applicant's Department of Motor Vehicles printout indicates either the following within the preceding five years:
5.
The applicant has been convicted or pleaded guilty of no contest to three or more moving violations under the State Vehicle Code within the preceding twelve-month period;
6.
The applicant is physically incapable of operating a taxicab without risking the life or property of passengers;
7.
The applicant fails to pass the examination required by subsection (d)(2) of this section, or fails to meet any other requirements of this chapter.
f.
Effect of Denial.
1.
Limitation on New Applications. Upon denial of a taxicab driver's permit, the applicant shall be disqualified from re-application absent a showing of changed circumstances that would result in a different outcome. An applicant denied for failure to pass the examination may re-apply not sooner than one year after denial.
2.
Appealability. The Director's decision denying a taxicab driver's permit shall be final.
g.
Prohibition on Transfers. Taxicab driver's permits are personal in nature and shall not be transferred. Any purported transfer shall be null and void.
h.
Revocation. A taxicab driver's permit may be revoked, modified, conditioned or suspended for cause by the Director for any violation of this chapter, the Code of Conduct or of the franchise agreement. A revocation preceding will be initiated if the driver accumulates four or more violation points in the calendar year. Prior to such revocation, modification, conditioning or suspension, the permittee shall be notified in writing of the grounds for such action. Within ten days of notification, the permittee may respond in writing or request a hearing before the Director. The hearing shall be conducted within ten days of the request. The Director's decision shall be final.
i.
Conditions of Approval. The Director may condition the taxicab driver's permit to ensure that the permit shall comport with the public health, safety and welfare.
j.
Permit Issuance.
1.
Upon approval of an application, the Director shall issue a taxicab driver's permit to the applicant.
2.
Every taxicab driver, while in charge of, or driving, a taxicab, shall have in his or her possession a valid and current taxicab driver's permit issued by the Director and a valid driver's license issued by the California Department of Motor Vehicles. The taxicab driver shall post the taxicab driver's permit in a permanent fixture in prominent view of passengers in the taxicab.
(Ord. 04-675 § 1, 2004; Ord. 07-764, 2007; Ord. 10-858 § 3, 2010)
a.
Generally. Violations of this chapter, other than a violation of Sections 5.108.040(a) and (h) and 5.108.110(a), are subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code. Violations of Sections 5.108.040(a) and (h) and 5.108.110(a) shall constitute a misdemeanor punishable as set forth in Section 1.08.010(a). Where the violation is of a continuing nature, each day that the violation continues constitutes a separate and distinct violation.
b.
Rules and Regulations Promulgated by the City Council. The City Council shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of the provisions of this chapter in the form of a Code of Conduct, and when duly promulgated, such regulations shall be in full force and effect. Violations of such regulations shall constitute a violation of this code and shall be subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code.
c.
The Sheriff and any persons authorized by the city and having the duty to enforce this chapter are hereby designated as City Transportation Inspectors within the meaning of Government Code Section 53075.61, and are authorized under that section and any other applicable provision of state law to impound the taxicab of any person violating the provisions of Sections 5.108.040(a) and (h) and 5.108.110(a). The taxicab may be recovered upon payment of the fees prescribed therefor.
d.
Taxicab franchisees and taxicab drivers will be assessed penalty points for violating this chapter and the Taxicab Code of Conduct.
1.
Taxicab drivers accumulating three or more DMV points (as in the California Vehicle Code (CVC) within the preceding twelve months shall not be eligible for renewal of the taxicab driver's permit for a period of one year.
2.
Taxicab driver's permits are subject to permanent revocation when the taxicab driver accumulates four or more violation points pursuant to this chapter and the Code of Conduct in a calendar year. Taxicab drivers whose permits are revoked shall not be eligible for re-issuance of a taxicab permit for three consecutive years following revocation.
3.
A taxicab driver that accumulates two points or more within the preceding twelve months of their permit period for violations of West Hollywood rates as established by resolution of the City Council, or Code of Conduct Section II and III, shall not eligible for renewal of a taxicab permit for a period of one year from the final action of the Director.
4.
Taxicab franchisees shall accumulate a point for each taxicab driver that has their permit revoked.
A taxicab franchisee that accumulates twenty or more penalty points for violation of the West Hollywood Municipal Code and Code of Conduct in the immediately preceding twelve months of the calendar year of the franchisee's agreement, shall result in an initiation of a revocation proceeding pursuant to Section 5.108.100. |
e.
The owner and driver and president of any company that operates any non-franchised or non-permitted taxicab picking up passengers within the city boundaries shall be guilty of a misdemeanor. In addition, the City Council declares the operation of such excess cabs to be a public nuisance endangering the health, safety, and welfare of the public and authorizes the City Attorney to obtain injunctive relief against any company accepting passengers within the city without a franchise.
(Ord. 04-675 § 1, 2004; Ord. 05-709 § 1, 2005; Ord. 06-729 § 1, 2006; Ord. 07-764, 2007)