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.
means the city of Pico Rivera.
means the city council of the city of Pico Rivera.
means the city Manager of the city or designee.
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.
means the city of Pico Rivera municipal code.
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.
means the county of Los Angeles.
means the director of finance of the city of Pico Rivera
or designee.
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.
includes self-employment as an independent driver. Government
Code Section 53075.5(k).
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).
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.
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.
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.
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)
A.
Beginning
January 1, 2018, all taxicab drivers and taxicab operators shall collect
data to determine in what jurisdiction each taxicab driver and each
taxicab operator are substantially located. Beginning January 1, 2019,
data for prearranged and non-prearranged trips collected in the previous
twelve months shall be provided upon date of renewal to the city for
any taxicab driver and taxicab operator that is substantially located
in the city.
B.
A taxicab driver that is substantially located in the city shall obtain a valid taxicab driver permit issued by the city pursuant to this chapter and Chapter 5.08, Business License and Permit Requirements.
C.
A taxicab operator that is substantially located in the city shall obtain a valid taxicab company permit issued by the city pursuant to this chapter and Chapter 5.08, Business License and Permit Requirements.
D.
A taxicab operator is required to obtain a permit pursuant to subsection B of this section who is also a taxicab driver substantially located in the city, shall obtain both a valid taxicab operator permit and a taxicab driver permit pursuant to this chapter and Chapter 5.08, Business License and Permit Requirements.
E.
A taxicab
driver that is not substantially located in the city shall possess
a permit from the county or at least one city within the county.
F.
A taxicab
operator that is not substantially located in the city shall possess
a permit from the county or at least one city within the county.
G.
A taxicab
operator who is also a taxicab driver that is not substantially located
in the city shall possess applicable permits from the county or at
least one city within the county.
H.
Any
taxicab driver or taxicab operator who changes from being substantially
located in another jurisdiction to being substantially located in
the city shall provide the city with six-months' notice prior to making
that change.
I.
Any
taxicab driver or taxicab operator who establishes a new taxi operation
after January 1, 2019, shall be considered substantially located in
the city if the taxicab operator maintains its primary business address
in the city. After the first year of operation, the taxicab operator
shall submit and the city shall review, all data collected in the
previous twelve months to determine where the taxicab company is substantially
located.
J.
It is
unlawful to drive a taxicab that is determined as substantially located
in the city without a valid, city-issued permit. The city may impose
a penalty for violation pursuant to Section 1.20, General Penalty,
of this code.
K.
Consistent
with Title 5, Business Licenses and Regulations, fees for such permits
shall be established by resolution of the city council.
L.
Persons
other than the city-permitted taxicab operator(s) or taxicab driver(s)
shall not drive or operate any taxicab.
M.
Penalties. It shall be unlawful to drive a taxicab that is determined as substantially located in the city without a valid, city-issued permit. Violators are subject to the provisions of Chapter 1.20, General Penalty, and this chapter:
1.
Misdemeanors.
Any person who willfully violates any provision of this chapter and
is convicted of a misdemeanor shall be punished by a fine of no more
than one thousand dollars or be imprisoned for a period of not more
than six months or by both such fine and imprisonment.
2.
Infractions.
Any person who violates any provision of this chapter and is convicted
of an infraction shall be punishable by: (a) first violation, a fine
not to exceed one hundred dollars; (b) second violation, a fine not
to exceed two hundred dollars; (c) third violation, a fine not to
exceed five hundred dollars.
3.
Administrative Enforcement. In addition to the penalty provisions of subsections (M)(1) and (M)(2) of this section, the city may impose an administrative fine of five thousand dollars. Government Code Section 53075.5(h)(9)(a)(i)(2).
4.
Remedies
not Exclusive. To the maximum extent permitted by law, administrative
remedies specified in this chapter are in addition to and do not supersede
or limit any and all other remedies, civil or criminal. The remedies
provided for herein shall be cumulative and not exclusive.
(Ord. 1135 § 2, 2019)
A.
The applicant for a taxicab driver permit shall submit to the director of finance, or designee, a completed application form together with fees for the permit and such license, certificates, documents, and such other materials as prescribed in this chapter, Chapter 5.08, Business License and Permit Requirements, and as deemed necessary by the director of finance, or designee.
B.
Nothing in Government Code Section 53075.5 or Title 5, Business Licenses and Regulations, prohibits the city from adopting additional requirements for a taxicab to operate in its jurisdiction.
C.
In addition to the requirements set forth in Chapter 5.08, Business License and Permit Requirements, an applicant for a taxicab driver permit shall also require the following:
1.
Employment
Verification.
a.
A letter from a prospective employer offering employment to the applicant
as a taxicab driver substantially located in the city, whether as
an independent contractor or as an employee; or
b.
A letter from an employer stating that the applicant is employed
as a taxicab driver substantially located in the city, whether as
an independent contractor or as an employee; or
c.
A written statement from the applicant that he or she seeks to be
a self-employed taxicab driver substantially located in the city,
and is not employed by another person, whether as an independent contractor
or as an employee; and
2.
Proof
of compliance with the city's mandatory controlled substance and alcohol
certification program as outlined in this chapter; and
3.
Proof
that the applicant is at least eighteen years of age; and
4.
State
the full and true name and any other names used by the applicant;
and
5.
State
the full and true name of the employer, taxicab operator/company,
if applicable; and
6.
The
present address and telephone number of the applicant; and
7.
Driver's
license number and social security number; and
8.
List
of each residence and business address of the applicant for the five
years immediately preceding the date of the application, and the inclusive
dates for such address(es); and
9.
Applicant's
height, weight, and color of eyes and hair; and
10.
One photograph of the applicant. The dimensions of the photograph
must be at least two inches by two inches and taken within four months
preceding the date of the application; and
11.
Statement of the business tax certificate or permit history of the
applicant, including whether such applicant has ever had any tax certificate,
license or permit issued by any agency or board, city, county or state;
has had any professional or vocational licenses or permits issued
by any agency or board, city, county or state; and state any revocations
and/or suspensions and reasons for any revocations and/or suspensions;
and
12.
All criminal arrests and statement of the dates, places, and disposition
of any convictions from said arrests; and
13.
Completed, city-provided LiveScan request form signed by LiveScan
operator(s).
(Ord. 1135 § 2, 2019)
A.
The applicant for a taxicab operator permit shall submit to the director of finance, or designee, a completed application form together with fees for the permit and such licenses, certificates, documents and other such material as prescribed in this chapter, Chapter 5.08, Business License and Permit Requirements, and as deemed necessary by the director of finance, or designee.
B.
Nothing in Government Code Section 53075.5 or Title 5, Business Licenses and Regulations, prohibits the city from adopting additional requirements for a taxicab company to operate in its jurisdiction.
C.
The
application form for a taxicab operator permit shall require the following:
1.
The
full true name and any other names used by the applicant; and
2.
The
present address and telephone number of the applicant; and
3.
Driver's
license number and social security number; and
4.
List
of residence and business address of the applicant for the five years
immediately preceding the date of the application, and the inclusive
dates for such address(es); and
5.
One
photograph of the applicant. The dimensions of the photograph must
be at least two inches by two inches taken within four months preceding
the date of the application; and
6.
Statement
of the business license, business tax certificate or permit history
of the applicant, including whether such applicant has ever had any
license or permit issued by any agency or board, city, county or state;
has had any professional or vocational licenses or permits issued
by any agency or board, city, county or state; and state any revocations
and/or suspensions and reasons for any revocations and/or suspensions;
and
7.
All
criminal arrests and statement of the dates, places, and disposition
of any convictions from said arrests; and
8.
Completed,
city-provided LiveScan request form signed by LiveScan operator; and
9.
The
name and address of the taxicab company; and
10.
The name of each owner of the taxicab company, including the owners,
partners, or officers of a firm, partnership, corporation, or other
entity; and
11.
Trip Data Documentation. For a new taxicab operator, a primary business
address in the city shall satisfy the trip data documentation requirement.
A taxicab operator shall begin collection of trip data during its
first year of operation; and
12.
The make, type, vehicle identification number, and license number
of each taxicab owned or leased by the taxicab operator; and
13.
A certificate of inspection for each taxicab owned or leased by the
taxicab operator; and
14.
A valid Department of Motor Vehicles registration for each vehicle
showing that each vehicle is registered as a commercial vehicle; and
15.
The distinctive color scheme, name, monogram or insignia by which
each taxicab will be marked; and
16.
Registration of rates of fare to be charged; and
17.
The name of each taxicab driver employed by the taxicab operator,
whether as an independent contractor or as an employee; and
18.
A Controlled Substance and Alcohol Certificate for Each Taxicab Driver.
In the case of a self-employed, independent driver, the test results
shall be reported directly to the city; and
19.
The address from which the taxicabs will be operated; and
(Ord. 1135 § 2, 2019)
A.
Every
applicant for a taxicab driver permit shall first take, and pass with
negative results, a controlled substance and alcohol test in accordance
with Government Code Section 53075.5(b)(3) (as it may be amended from
time to time). The results from a controlled substance and alcohol
test for an applicant who is a self-employed independent driver shall
be reported directly to the city and shall be made part of the application.
The city shall notify the taxicab operator of record of any positive
results. In all other cases, the results shall be reported directly
to the employing taxicab operator, who shall be required to immediately
notify the city of positive results. As used in this section, a negative
test for alcohol means an alcohol screening test showing a breath
alcohol concentration of less than 0.02 percent.
B.
Testing
procedures shall be substantially as in Part 40 (commencing with Section
40.1) of Title 49 of the Code of Federal Regulations, except that
the driver shall show a valid California driver's license at the time
and place of testing, and except as provided otherwise in Government
Code Section 53075.5(b)(3).
C.
The
controlled substance and alcohol test shall be taken no more than
thirty days before the date the application is filed for a new permit.
As long as any taxicab driver permit is used or in effect, such tests
shall be retaken on a periodic basis of at least once a year.
D.
A test
in one jurisdiction shall be accepted as meeting the same requirement
in any other jurisdiction in accordance with Government Code Section
53075.5(b)(3).
E.
Self-employed
independent taxicab drivers shall be responsible for compliance with,
and shall pay all costs of, this program with regard to themselves.
Employing taxicab operators shall be responsible for compliance with,
and shall pay all costs of, this program with respect to their employees
and potential employees, except that a taxicab company may require
employees who test positive to pay the costs of rehabilitation and
of return-to-duty and follow-up testing.
F.
Upon
the request of a taxicab driver applying for a permit, the city shall
give the taxicab driver a list of proximate consortia certified pursuant
to Part 382 (commencing with Section 382.101) of Title 49 of the Code
of Federal Regulations that the city knows offer tests in or near
the city.
G.
Confidential.
The test results are confidential and shall not be released without
the consent of the tested driver, except as authorized or required
by law.
H.
Limited
Use of Results. No evidence derived from a positive test result pursuant
to this section shall be admissible in a criminal prosecution concerning
unlawful possession, sale, or distribution of controlled substances.
Government Code Section 53075.5(b)(3)(B).
(Ord. 1135 § 2, 2019)
A.
If a
taxicab operator desires to substitute one vehicle in place of another,
and if such vehicle to be substituted complies with the taxicab operator's
license and the taxicab operator brings both the vehicle under the
license and the vehicle to be substituted to a place designated by
the law enforcement agency, the law enforcement agency may remove
the license plate or decal from the licensed vehicle and place it
on the vehicle to be substituted.
B.
If the
law enforcement agency finds that it is impracticable to bring the
licensed vehicle to the place designated, the agency may permit the
licensee to detach the license plate or decal therefrom, by breaking
the seal and removing the screws, and may waive the requirement that
such vehicle be brought to such designated place. Under no circumstances
may this seal or decal be broken or removed by anyone but the law
enforcement agency or other designated agency or officer of the city.
(Ord. 1135 § 2, 2019)
A.
Mandatory
Requirements. The director of finance shall not issue any taxicab
operator's license until the applicant first files with the director
of finance an undertaking or a policy of insurance, or a financial
statement, and excess policy of insurance, which undertaking, policy
or undertaking and policy shall comply with the provisions of this
code, and shall first be approved by the city attorney.
B.
Amount.
The policy of insurance required before a taxicab operator's license
can be issued shall insure the public against any loss or damage that
may result to any person or property from the operation of any taxicab
used by the taxicab operator in his or her business as such. The maximum
amount of recovery in such policy shall not be less than the following
sums:
1.
For
the injury to any one person, or the death of any one person in any
one accident, fifty thousand dollars.
2.
For
the injury to two or more persons, or the death of two or more persons,
or the injury to one person or more, and the death of one person or
more, in any one accident, one hundred thousand dollars.
3.
For
the injury or destruction of property in any one accident, ten thousand
dollars.
C.
Undertaking
or Bond—Amount.
1.
The
undertaking required before a taxicab operator's license can be issued
shall be conditioned that the taxicab operator shall pay all damages
to person or property for the amount of which he or she may become
liable arising out of the conduct of the business of taxicab operator,
and that any person having such a cause of action against the principal
may join the surety as a party defendant, or in his or her own name
sue separately the surety on such undertaking.
2.
The
undertaking shall provide that it is not void upon the first recovery,
but may be sued and recovered upon from time to time by the person
aggrieved until the whole penalty is exhausted.
3.
Either
a corporation complying with each and every provision of Section 1056
of the Code of Civil Procedure, or not less than two good and sufficient
sureties, each of whom complies with each and every provision of Section
1057 of the Code of Civil Procedure, shall become surety or sureties
on such undertaking.
4.
The
amount of the undertaking shall be calculated as follows:
a.
Ten thousand dollars for the first taxicab.
b.
An additional four thousand dollars for each additional taxicab,
up to and including a total of five taxicabs.
c.
An additional two thousand dollars each for the sixth, seventh, eighth,
ninth and tenth taxicabs.
d.
An additional one thousand dollars for each additional taxicab over
ten.
D.
Insurance—Two
Policy Procedure. In place of one insurance policy, the applicant
may file not more than two insurance policies, one a policy of primary
insurance and the second a policy of excess insurance, if the total
insurance resulting from such policies is equal to or greater than
that required by this section.
E.
Insurance—Excess
Authorized When. If any taxicab company has net assets of at least
twenty-five thousand dollars, if operating one and not more than one
hundred twenty-five vehicles, and in addition thereto two hundred
fifty dollars net assets for each and every vehicle in excess of one
hundred twenty-five operated, that company may, in lieu of the aforesaid
policy of liability insurance or bond, file semiannually with the
director of finance, subject to the approval of the city attorney,
a current balance sheet certified to by a certified public accountant
showing such assets and liabilities, together with a policy of excess
insurance, agreeing to indemnify the company for any and all such
sums which it shall by law become liable to pay, or by financial judgment
to be adjudged to pay to any person as compensation for the injury
to, or death of, or damage to a vehicle operated by such company.
Such excess policy shall cover twenty-five thousand dollars for any
one person, or ten thousand dollars up to fifty thousand dollars for
any one accident involving more than one person.
F.
Insurance—Notice
of Cancellation. If any taxicab operator or driver has any notice
or information of a change or cancellation of any insurance policy,
which policy is required under this chapter, he or she shall give
immediate notice to the director of finance or the law enforcement
agency of such change or cancellation.
(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)
A.
Taxicab
driver and taxicab operator permits shall continue in effect for the
remainder of the calendar year in which they are issued, unless revoked
or modified, however, that taxicab driver permits shall automatically
become void on termination of employment or self-employment as a taxicab
driver. A taxicab driver or taxicab operator permit issued in the
last quarter of a calendar year shall continue in effect for the remainder
of the calendar year in which it is issued, and for the next calendar
year, subject to the foregoing provisions regarding revocation, modification,
and automatically becoming void.
B.
Permittees
shall submit to the director of finance, or designee, applications
to renew taxicab driver and taxicab operator permits for following
calendar years, together with fees for the renewal and any changes
in the information provided in the initial application or a previous
renewal application. In addition, an applicant for renewal of a taxicab
operator permit shall submit a new photograph, evidence that required
insurance will be in effect for the new calendar year, a new certificate
of inspection for each taxicab, and new trip data documentation. In
addition, an applicant for renewal of a taxicab driver permit shall
submit proof of a negative test for controlled substances and alcohol
as required by the city's controlled substance and alcohol certification
program outlined in this chapter, a new photograph, and provide a
document issued by the Department of Motor Vehicles, dated no more
than ten days before the application is submitted, showing that the
applicant holds a valid, current California driver's license.
C.
Upon
review of completed applications for renewal of taxicab driver and
taxicab operator permits, the director of finance shall process and
grant or deny the applications for renewal as provided by this chapter.
D.
Applications
for renewal of taxicab driver and taxicab operator permits shall be
submitted each year to allow sufficient time for processing before
their current permit expires.
(Ord. 1135 § 2, 2019)
A.
A taxicab
operator or taxicab driver permit may be revoked or suspended or additional
conditions imposed thereon for failure of the permittee to comply
with applicable laws, regulations, and conditions, based on matters
occurring after the permit is issued or on matters not considered
at the time of issuance of the permit that would have authorized denial
of the permit or the imposition of conditions on the permit.
B.
The
director of finance, or designee, may file a written request for revocation,
suspension or modification of a taxicab operator or taxicab driver
permit, stating facts showing that the permittee has not complied
with applicable laws, regulations or permit conditions, has had a
subsequent arrest, or poses a danger to public safety, and recommending
that the permit be revoked or suspended or in what respect the permit
should be conditioned.
C.
On filing
the request, the director of finance, or designee, shall mail to the
permittee a notice that the permit is recommended for revocation,
suspension, or conditioning in a specific manner and stating the reasons
for that recommendation. The notice shall inform the permittee that
the recommendation will be adopted, and the permittee will be deemed
to concur with the recommendation if the permittee does not make a
written request for a hearing in the manner provided in Chapter 5.72.020,
Appeal Procedure.
(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
(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)
A person shall not:
A.
Fail
or refuse to pay the fare authorized by the taxicab operator's license
for which he or she has become liable;
B.
Accept
a ride in any taxicab without having on his or her person sufficient
funds to pay the authorized fare unless, prior to such ride, he or
she informs the driver of the taxicab that he or she does not have
such funds; or
C.
Accept
a ride in any taxicab with the intent to defraud the operator or driver
thereof, or not to pay the full fare authorized.
(Ord. 1135 § 2, 2019)
