This chapter is adopted pursuant to the city's police powers
for the purpose of modernizing the regulation of taxicab transportation
services within the city. The requirements set forth in this chapter
are also intended to protect the public's health, safety, and welfare
by ensuring that taxicabs charge reasonable rates, are adequately
insured, provide a safe vehicle for transport of the general public,
and employ persons that do not pose a threat to passengers, pedestrians,
or other drivers.
(Ord. 1135 § 2, 2019)
The following words and phrases whenever used in this chapter
shall be construed as defined in this Section.
"City"
means the city of Pico Rivera.
"Certificate of inspection"
means a city-provided form signed by an authorized agent
of an automotive repair establishment that is certified by the National
Institute for Automotive Service Excellence or a facility registered
with the Bureau of Automotive Repair, dated no more than thirty days
before the date the application is submitted to the chief of police
and which shall indicate whether a certain vehicle has met the criteria
set forth on the form. Items to be inspected may include condition
of exterior, interior, and mechanical functions.
"Code"
means the city of Pico Rivera municipal code.
"Controlled substance and alcohol certificate"
means a city-provided form signed by the employing taxicab operator as defined in Chapter
5.04, General Provisions of the code, that shall attest that each taxicab driver has tested negative for each of the controlled substances specified in Part 40 of Title 49 of the code of Federal Regulations, before employment and as a condition of permit renewal; in the case of self-employed independent drivers, it means test results directly reported to the license and permit hearing board or designee.
"County"
means the county of Los Angeles.
"Drive a taxicab"
means to drive a taxicab that picks up passengers within
the city but does not include driving a taxicab that only discharges
passengers picked up outside the city or that travels through the
city without picking up or discharging passengers, provided the taxicab
company's principal place of business is not within the city.
"Employment"
includes self-employment as an independent driver. Government
Code Section 53075.5(k).
"Prearranged trip"
means a trip using an online enabled application, dispatch,
or internet website. A company may provide prearranged trips anywhere
within the county in which it has obtained a permit.
Government Code
Section 53075.5(k).
"Substantially located"
means either the jurisdiction where a company maintains its
primary business address, or the jurisdiction where the largest share
of prearranged and non-prearranged trips originates, as defined in
Government Code Section 53075.5. "Substantially located" also means,
for companies establishing a new operation after January 1, 2019,
the jurisdiction where a company has its primary business address
for the first twelve months of operation. A company or driver may
be substantially located in more than one jurisdiction.
"Taxicab"
means a motor vehicle, as the term is defined in the Vehicle
Code, used for the transportation of passengers for hire, when driven
by the owner or by an agent of the owner at rate per mile, per trip,
per hour, per day, per week, per month, or per other period of time,
which vehicle is routed under the direction of the passengers or other
persons hiring such vehicle.
"Taxicab driver"
means an individual who drives a taxicab in which passengers
are solicited or accepted for hire either at a taxicab stand or elsewhere
in the city.
"Taxicab operator"
means a person engaged in the business of running, driving
or operating one or more taxicabs and soliciting or accepting passengers
in such taxicabs for hire, either at a taxicab stand or elsewhere
in the city. The term taxicab operator as defined here may be used
interchangeably with the term "taxicab company."
(Ord. 1135 § 2, 2019)
The provisions, rules, requirements, definitions and regulations
set forth in Title 5, Business Licenses and Regulations, continue
to apply with full force and effect.
(Ord. 1135 § 2, 2019)
Every person to whom a taxicab driver permit is issued shall:
A. Display
the driver's photo permit in the taxicab in a place that is visible
to a passenger; and
B. Take
the most direct route possible which will carry the passenger safely
and expeditiously to his or her destination; and
C. Grant
the person engaging the taxicab exclusive right to the full and complete
use of the passenger compartment; and
D. Not
allow any person to use or duplicate their permit. If a permit is
found to be used by another individual, it shall be considered of
a violation of this code, unless previously reported as lost or stolen;
and
E. Immediately
report a lost or stolen permit to law enforcement; and
F. If the taxicab driver is self-employed, comply with all the conditions of a taxicab operator permit set forth in Section
5.70.060; and
G. Return
the permit to the director of finance, or designee, immediately upon
termination of employment or self-employment. A taxicab driver permit
shall become void upon termination of employment or self-employment;
and
H. Comply
with the requirements pursuant to paragraph 3 of Section 53075.5 of
the
Government Code as they relate to the mandatory controlled substances
and alcohol testing certification program; and
I. Comply
with any other reasonable condition imposed by the director of finance,
or designee.
(Ord. 1135 § 2, 2019)
Every person or entity issued a taxicab operator permit shall:
A. Display
on the exterior of each taxicab the name or trademark of the person
under whose authority the taxicab is being operated or the name of
the lessor or lessee thereof; and
B. Display
on the left hand, bottom corner of the rear window, the city-issued
decal for the current calendar year; and
C. Display
on both exterior sides, exterior front, and exterior rear of each
vehicle the companyassigned taxicab number; and
D. Display
on both exterior sides and exterior rear of each taxicab the dispatch
phone number of the taxicab operator; and
E. Permanently
affix to each vehicle a top light to easily identify the vehicle as
a taxicab; and
F. Display
in the interior of each taxicab the sign required by California Vehicle
Code Section 27908; and
G. Adhere
to the conditions set forth below in regard to registration of taxicab
service fares, fees, and rates:
1. The
taxicab operator may set fares or charge a flat rate. However, the
city council may set a maximum rate by resolution.
Government Code
Section 53075.5(b)(2); and
2. The
taxicab operator may use any type of device or technology approved
by the division of measurement standards to calculate fares, including
the use of global positioning system metering, provided that the device
or technology complies with Section 12500.5 of the Business and Professions
Code and with all regulations established pursuant to Section 12107
of the
Business and Professions Code. If fares are calculated by meter,
the meter must be sealed, visible to passengers at all times, and
currently registered and inspected by a county of Los Angeles weights
and measures official; and
3. The
taxicab operator shall disclose fares, fees, or rates to the customer.
A taxicab operator may satisfy this requirement by disclosing fares,
fees, or rates on its Internet website, mobile telephone application,
or telephone orders upon request by the customer; and
4. The
taxicab operator shall notify the passenger of the applicable rate
prior to the passenger accepting the ride for walkup rides and street
hails. The rate may be provided on the exterior of the vehicle, within
an application of a mobile telephone, device, or other Internet-connected
device, or be clearly visible in either print or electronic form inside
the taxicab; and
5. A
taxicab operator shall not prejudice, disadvantage, or require different
rates or provide different service to a person because of race, national
origin, religion, color, ancestry, physical disability, medical condition,
occupation, marital status or change in marital status, sex, or any
characteristic listed or defined in Section 11135 of the Government
Code; and
6. Collect
from taxicab passengers only the amounts disclosed to the customer,
plus any tip that the passenger offers; and
7. Notify
the director of finance, or designee, of any changes in rates or fares
prior to such change taking effect; and
H. Possess
a valid city business tax certificate;
I. Provide
and maintain documentation as required under
Government Code 53075.5(h)(9),
this chapter, and as deemed reasonable by the director of finance,
or designee; and
J. Maintain
each taxicab in safe operating condition, good repair, clean and sanitary
condition, and in compliance with the
Vehicle Code; and
K. The
taxicab operator shall participate in the pull-notice program pursuant
to Section 1808.1 of the
Vehicle Code to regularly check the driving
records of all taxicab drivers; and
L. The
taxicab operator shall maintain a safety education and training program
in effect for all taxicab drivers, whether employees or independent
contractors; and
M. The
taxicab company shall maintain a disabled access education and training
program to instruct its taxicab drivers on compliance with the Federal
Americans with Disabilities Act of 1990 and amendments thereto, and
state disability rights laws, including making clear that it is illegal
to decline to serve a person with a disability or who has a service
animal; and
N. The
taxicab operator shall obtain a report no less than every twelve months
from the Department of Motor Vehicles for each employed taxicab driver.
The employer shall verify that each employee's driver's license has
not been suspended or revoked, the employee's traffic violation point
count, and whether the employee has been convicted of a violation
of California
Vehicle Code Section 23152 or 23153; and
O. A prospective
employer of a taxicab driver shall obtain a report showing the taxicab
driver's current public record as recorded by the Department of Motor
Vehicles. For purposes of this subdivision, a report is current if
it was issued less than thirty days prior to the date the employer
employs the taxicab driver; and
P. Notify
the director of finance, or designee, immediately when any vehicle
not described in the application for the permit is placed in service
as a taxicab and submit the information about the vehicle and the
certificate of inspection required by the application form; and
Q. Notify
the director of finance, or designee, immediately upon termination
of a taxicab driver's employment. taxicab operators permit shall become
void upon termination of employment; and
R. Maintain
reasonable financial responsibility to conduct taxicab transportation
services; and
S. Provide
for a taxicab driver fingerprint-based criminal history check and
a drug and alcohol testing program pursuant to Section 53075.5(b)(3);
and
T. Require
that each taxicab driver have a valid California driver's license
and a valid city taxicab driver permit; and
U. Comply
with any other reasonable conditions imposed by the director of finance,
or designee.
(Ord. 1135 § 2, 2019)
The permit hearing board shall approve the color scheme and
insignia of each taxicab operator. No taxicab operator shall use the
color scheme or insignia so similar to that of any other existing
taxicab operator so as to deceive or confuse, or tend to deceive or
confuse the public.
(Ord. 1135 § 2, 2019)
Upon obtaining a taxicab operator's license, the licensee shall
submit such license to the law enforcement agency, and bring all of
the vehicles licensed thereby to a place designated by the law enforcement
agency. The law enforcement agency shall attach and seal a license
plate or decal to the rear of the body of each vehicle covered by
the license, if such vehicle meets all requirements as specified in
this chapter.
(Ord. 1135 § 2, 2019)
Taxi stands shall be at only those locations approved by the
permit hearing board. The permit hearing board may require the consent
of the owner of any property adjacent to such taxi stand before approving
the taxi stand.
(Ord. 1135 § 2, 2019)
Every taxicab driver and every taxicab operator shall accept
any passenger, unless:
A. He or
she has no facilities available; or
B. The
transportation requested is such that the driver or operator may not
legally accept such passenger; or
C. The
proposed passenger refuses or says that he or she will refuse or cannot
pay the fare; or
D. The
proposed passenger is drunk, disorderly, or for other reasons is not
deemed a fit passenger.
(Ord. 1135 § 2, 2019)
A taxicab driver shall not stop for or accept any passenger
except where:
A. It is
picking up a passenger(s) as part of a prearranged trip; or
B. It is
within the area specified in the license for the taxicab which he
or she is driving; or
C. It was
the taxicab driver who has driven a passenger to any place and is
waiting for and accepts the same passenger.
1. If
the taxicab driver for any reason moves the taxicab from the location
where he or she has left the passenger, this section does not apply.
(Ord. 1135 § 2, 2019)
Every taxicab driver shall carry his or her passengers to their
point of destination by the most direct practical route unless specifically
directed otherwise by such passengers.
(Ord. 1135 § 2, 2019)
When a taxicab is engaged, the occupants shall have the exclusive
right to the full and free use of the passenger compartment. No taxicab
operator or taxicab driver may solicit or carry additional passengers
unless the taxicab operator's license expressly permits the carrying
of additional passengers, and then only to the extent expressly permitted.
(Ord. 1135 § 2, 2019)