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repealed by the adoption of Ordinance No. 04-675.
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)
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.
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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.
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(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.
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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.
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(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:
(a)
Hit and Run – property damage, including vehicles (Violation
20002),
(b)
Reckless driving – no injury (Violation 23103),
(c)
Driving while under the influence of alcohol or drugs – no
injury (Violation 23152),
(d)
Drinking while operating motor vehicle on highway (Violation 23220),
(e)
Any sexual offense or moral turpitude not constituting a felony (Section
647 of the California Penal Code);
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.
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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.
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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)
