For purposes of this chapter, the words and phrases as defined herein shall be deemed and construed to have the meanings respectively ascribed to them, unless from the particular context, it clearly appears that some other meaning is intended.
"Automobile for hire"
means and includes every motor vehicle of private appearance, not equipped with a taximeter, which is operated and hired from a public or a private garage only, and where the destination and route of which are under the control of the passengers being carried therein for a compensation which is fixed in accordance with the distance traveled, waiting time or both. No such automobile for hire shall be painted a distinctive color for the purpose of identification.
"Certificate"
means a certificate of public convenience and necessity issued by the city manager or city council or their designated representative.
"Dial-a-ride vehicle"
means and includes every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers; which is hired from a public or a private garage or any fixed stand or location and the destination and route of which are under the joint control of the driver and the passengers being carried therein, corresponding with the designation and general direction of each of them and requests from additional customers for a compensation which is fixed in accordance with the distance traveled, by zone.
"Driver"
means and includes every person in actual charge and control of any public transportation vehicle for hire as the driver thereof.
"Holder"
means an owner who has received a certificate from the city under this chapter.
"Limousine"
means a passenger-carrying motor vehicle for hire, of private appearance (except as to license plates), not equipped with a taximeter or top light, and used for the transportation of persons along a route directed by persons hiring or passengers in the vehicle, the charge for use of which is based upon rates per hour (with a minimum one-hour charge), per day, per week or per month.
"Owner"
means and includes every person owning or directing the general operation of any public transportation vehicle for hire.
"Public transportation vehicle for hire"
means every self-propelled vehicle used for transportation of persons over the public highways otherwise than for the owner and/or nonpaying guests of the owner and otherwise than upon fixed rails or tracks. Public transportation vehicles as defined is intended to include reference to all automobiles for hire, dial-a-ride vehicles, taxicabs and limousines.
"Stand"
means and includes a portion of the street designated by the city manager for the exclusive use of public transportation vehicles while waiting for employment.
"Taxicab"
means and includes every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers which is rented from a public or a private garage or any fixed stand or location and the destination and route of which are under the exclusive control of the passengers being carried therein.
"Taximeter"
means and includes a mechanical or electronic instrument or device by which the charge for hire of a passenger-carrying vehicle is mechanically or electronically calculated and registered, either for distance traveled or for waiting time or both, and upon which such charge is indicated by means of figures.
(Ord. 232 § 1, 1994)
A. 
No person shall operate any public transportation vehicle for hire with a base of operation from within the city unless such vehicle is licensed in accordance with the provisions of this chapter. No such license shall be issued unless and until the public convenience and necessity require the licensing of such vehicle for which application is made, and a certificate is issued therefor.
B. 
The city manager shall have the authority and it shall be his or her duty to issue such certificate of convenience, or to refuse to issue the same, according as in his or her judgment the public convenience of the city and its inhabitants may require, provided all criteria in this chapter are met.
C. 
In determining whether to issue a certificate, the following factors shall be taken into consideration:
1. 
Whether the demands of public convenience require such proposed or additional transportation service;
2. 
The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible and satisfactory;
3. 
The number, kind, type and condition of equipment;
4. 
The schedule of rates proposed to be charged;
5. 
The number of vehicles for hire operating in the city and the increased traffic congestion and demand for increased parking space upon the streets of the city which may result, and whether the safe use of the streets in the city by the public, both vehicular and pedestrian, will be preserved;
6. 
Any such further investigation or other relevant facts as the party issuing the certificate may deem advisable and necessary.
D. 
The decision of the city manager denying a certificate of public convenience and necessity may be appealed to the city council by the filing of a written appeal with the city clerk not more than ten days after the date of the city manager's decision. Upon receipt of an appeal, the city manager shall set a date for hearing on the appeal before the city council. Public notice of such hearing shall be given by publishing notice in the official newspaper, at least ten days before the time of the hearing. The decision of the city council shall be final and conclusive.
(Ord. 232 § 1, 1994)
Any owner desiring to obtain the certificate required by this chapter shall make application therefor. The application shall be verified under oath, filed with the city clerk, and shall set forth the following:
A. 
The name, age, business address, residence and citizenship of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal officers, together with their respective addresses; or if a partnership, association or unincorporated company, the names of the partners, or the persons comprising the association or company, with the place of business and residence of each partner or person;
B. 
A brief description of the public transportation vehicles which the applicant proposes to use, indicating the number, make, model and type of vehicle(s), vehicle license number(s), the vehicle identification number(s) (VIN) and the seating capacity of each, according to its trade or factory rating; or if a truck, the actual carrying and seating capacity thereof;
C. 
The street number and exact location of the public or private garage from which each vehicle is to be operated;
D. 
A complete schedule of the fares or rates to be charged. In the case of dial-a-ride vehicles, a map of fare zones shall also be filed, and in the case of other public transportation vehicles, a map of the routes to be established, if any, shall be filed;
E. 
The past experience of the applicant in the matter to which the requested permit appertains; and the name, address and past experience of the person to be in charge of the premises or business;
F. 
A verified financial statement of the applicant;
G. 
Whether or not any permit issued to the applicant for operation of a public transportation vehicle has been suspended, denied, terminated, canceled or revoked, and if so, the circumstances regarding same;
H. 
The distinctive color scheme, name, monogram or insignia, if any, which shall be used on the vehicles which are subject to the certificate;
I. 
If any stand is proposed, the application shall be accompanied by a written consent thereto of all occupants of the ground floor of any building or lot in front of which stand is to be located, and for 25 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;
J. 
Such further information as the city manager or such official of the city to whom the application may be referred, may require.
(Ord. 232 § 1, 1994)
No owner or driver of a public transportation vehicle for hire with a base of operation within the city shall drive or operate a vehicle, or cause or permit any vehicle under his or her control to be driven or operated within the city, and no permit for the operation thereof shall be granted, unless there is on file with the city clerk and in full force and effect at all times while such taxicab is being operated, a policy or certificate of insurance evidencing that the permit holder is insured, issued by a company authorized to do business in the state, insuring the owner of such vehicle against loss by reason of injury or damage that may result to persons, including passengers in the vehicle, or property from the negligent operation or defective construction of such public transportation vehicle for hire, or from violation of this chapter or any other section of this code or of any law of the state. The policy or certificate shall be for not less than one million dollars ($1,000,000.00) per occurrence for injury or death of any persons and $500,000 for injury or destruction of property. The certificate by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation or termination of the coverage at least 30 days in advance of the effective date of any such material change, cancellation or termination, and shall also name the city as an additional insured.
(Ord. 232 § 1, 1994)
Upon approval of the certificate and upon payment of the required business license tax, the city clerk shall issue to the applicant a license to operate a public transportation vehicle for the purpose of carrying passengers for hire.
(Ord. 232 § 1, 1994)
In the event that any certificate holder desires to change the approved schedule of rates and charges or the color scheme, name, monogram or insignia used on a licensed vehicle, 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, he or she shall make application for permission to do so from the city manager, which permission shall be granted if, and in the discretion of the city manager, the public interest, necessity and convenience will be served by such change, and if the certificate holder has complied with all provisions of this chapter, and no such change shall be made without such permission. The decision of the city manager denying a change may be appealed in accordance with the provisions of subsection (D) of Section 6.50.020.
(Ord. 232 § 1, 1994)
No license shall be required of the owner of the following:
A. 
Any operations for which a certificate of convenience and necessity has been granted by the Public Utilities Commission of the state of California; or
B. 
Any public transportation vehicle whose base of operations is not within the city.
(Ord. 232 § 1, 1994)
The following rules and regulations shall be observed by all persons operating vehicles for which licenses are required pursuant to this chapter:
A. 
License. Every driver or chauffeur of any public transportation vehicle for hire shall possess a valid California driver's license of Class 3 or better and/or a chauffeur's permit as may be required by the state of California.
B. 
Soliciting Passengers. The services of an automobile for hire, dial-a-ride vehicle, limousine or taxicab shall be available only upon telephone call or upon engagement at the public or private garage from which such vehicle is operated; no person shall cruise or cause or permit to be cruised any such vehicle. A vehicle shall be deemed to be cruising when it solicits or takes on any passenger other than in response to an order given at its garage or in response to a telephone call requesting transportation.
C. 
Direct Route. The driver of any public transportation vehicle for hire shall carry any passengers engaging the same safely and expeditiously to his or her destination by the most direct and accessible route.
D. 
Business License. No person shall operate any public transportation vehicle without paying any license fee required by the city for the transaction for such business.
E. 
Mechanical Condition. All public transportation vehicles for hire shall be kept in good mechanical condition.
F. 
Information to be Posted. Every public transportation vehicle for hire shall have displayed in plain view, with character lettering of not less than one-half inch size, in the rear passenger compartment thereof at all times a sign stating in clearly legible characters the rates or fare charged for carrying passengers therein, the owner's name or the fictitious name under which he or she operates, the business address and telephone number of such owner.
G. 
Sanitary Condition. No public transportation vehicle for hire shall be operated unless the passenger compartment is kept clean and in sanitary condition.
H. 
Fire Extinguisher. Every public transportation vehicle for hire shall be equipped with a standard type fire extinguisher in good working condition.
I. 
Drivers Generally. Drivers of all public transportation vehicles for hire shall be courteous and clean of body and wearing apparel. Smoking by drivers or passengers in any such vehicle while same is available for, or actually hired for use, shall be prohibited.
J. 
Conduct of Drivers. Drivers of a public transportation vehicle for hire shall not discriminate, refuse or neglect to convey an orderly person upon request unless previously engaged or unable or forbidden by the provisions of this chapter to do so. Drivers shall not use the vehicle for any purpose other than the transportation of passengers and luggage.
(Ord. 232 § 1, 1994)
No person shall refuse to pay the legal fare for the hire of any public transportation vehicle for hire, after having hired the same, with the intent to defraud the person from whom it is hired.
(Ord. 232 § 1, 1994)
The city manager may specify the location(s) for stands at which any taxicab or dial-a-ride vehicle may be parked and he or she may specify the nature and extent of the use of the stand. Such stand shall consist of a one-car space, to be marked, painted and reserved for such purposes only.
(Ord. 232 § 1, 1994)
Every certificate holder shall designate and assign each public transportation vehicle a vehicle number. No two vehicles 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 vehicle is designated shall be printed, stamped or stenciled conspicuously on the outside of each vehicle and in the passenger compartment.
(Ord. 232 § 1, 1994)