Note: Prior history: prior code §§ 20-1—20-22;
Ord. 1211.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means every person in charge of, or operating, any passenger-carrying
or motor-propelled vehicle, as defined in this chapter, either as
agent, employee or otherwise, or owner, as owner, or under the direction
of the owner, as defined in this chapter.
means an automobile having an enclosed compartment for passengers
separate from the driver's compartment, the payment for the use of
which is not calculated by use of a taximeter or other mechanical
device.
means every person having use or control of any passenger-carrying
automobile or motor-propelled vehicles, as defined in this chapter,
whether as owner, lessee or otherwise.
means every motor-propelled vehicle not otherwise defined
in this section used in the business of transporting passengers over
the street of the city irrespective of whether or not any fee, compensation,
or consideration is paid for such transportation, excepting any transportation
system operating over a fixed route under a certification of public
convenience and necessity issued by the public utilities commission
of the state.
means every automobile or motor-propelled vehicle except
a limousine as defined in this section, used for the transportation
of passengers for hire over the public streets of the city and whether
or not over a defined route, and irrespective of whether the operations
extend beyond the boundary limits of the city, and such vehicle is
routed under the direction of such passenger or passengers, or of
such persons hiring the same.
means any instrument or device attached to a public passenger
vehicle for hire by means of which instrument or device the charge
authorized for hire of such vehicle is mechanically calculated either
on a basis of distance traveled or for waiting time, or a combination
thereof, which charges shall be indicated upon such taximeter, by
means of figures, in dollars and cents.
(Ord. 1446 § 1, 2009)
It is unlawful for any person to engage in the business of operating
or causing to be operated any taxicab or public transportation vehicle
for hire in the city without first having obtained a permit from the
chief of police.
(Ord. 1446 § 1, 2009)
All persons applying for the permit to operate a taxicab business as required by Section 5.40.020 shall file with the chief of police a certified application which should contain the following information:
A.
Name
and address of the person making application;
B.
Number
of vehicles proposed to be operated under the permit requested;
C.
Number
of vehicles presently being operated, if any;
D.
The
make, type, year of manufacture, and passenger seating capacity for
each vehicle proposed to be operated for which a permit will be requested;
E.
The
description of the proposed color scheme, insignia, or other distinguishable
characteristics of the taxicab to be used;
F.
Any
further facts which the applicant believes tend to prove that public
convenience and necessity requires the granting of a permit;
G.
Proposed
rates to be charged.
(Ord. 1446 § 1, 2009)
Upon receipt of any application referred to in Section 5.40.030, the chief of police shall set a time not less than ten, nor more than thirty days thereafter, for the review of such application before a reviewing officer appointed by the chief of police.
(Ord. 1446 § 1, 2009)
No taxicab business operator's permit shall be granted until
the chief of police has determined that the following conditions exist:
A.
That
the applicant is financially responsible, and that the applicant is
of good moral character, or where applicant is a corporation, that
the officers of the applicant are of good moral character;
B.
That
the persons holding permits or licenses for the operation of motor
vehicles for hire are under the experienced and efficient management
earning a fair and reasonable return of their capital devoted to such
service;
C.
That
the applicant has complied with the provisions of all city, state
and federal laws applicable to the proposed operation;
D.
That
the additional service will not result in a greater hazard to the
public, and will not create traffic congestion or parking problems.
(Ord. 1446 § 1, 2009)
A.
If the
chief of police finds from its investigation and review that the facts
and circumstances justify the granting of permits requested there
under, it shall notify the applicant of its findings. Within sixty
days thereafter the applicant shall furnish to the chief of police
any and all additional information which may be required, and if the
chief of police then finds the vehicles proposed to be used by the
applicant meet the requirements of this chapter, he shall thereupon
issue to the applicant a taxicab business operator's permit.
B.
If the
chief of police finds from such investigation and review that the
facts and circumstances do not justify the granting of a taxicab business
operator's permit, it shall forthwith notify the applicant of such
finding.
(Ord. 1446 § 1, 2009)
Subject to other provisions of this chapter, every owner operating
a licensed taxicab or taxicabs or public transportation vehicle for
hire prior to February 6, 1963, shall be presumed, in the absence
of any contrary evidence presented to the chief of police, to have
provided prima facie evidence of a taxicab business operator's permit
for the licensing of the taxicab or public transportation vehicles
for hire in operation, and the chief of police, upon application received
not later than fifteen days after February 6, 1963, shall grant a
taxicab business operator's permit to such owners for the number of
taxicabs or public transportation vehicles held by such owner on February
6, 1963.
(Ord. 1446 § 1, 2009)
No person shall be entitled to receive a business license to
operate a vehicle of the class defined in this chapter without first
having received a taxicab business operator's permit as set forth
in this chapter.
(Ord. 1446 § 1, 2009)
A.
A certificate
issued under the provisions of this chapter may be revoked or suspended
by the chief of police if the holder thereof has:
1.
Violated
any of the provisions of this chapter;
2.
Discontinued
operation for a period of five days or more;
3.
Has
violated any provisions of this code or other ordinances of the city
or of the state or of the United States, the violations of which reflect
unfavorably on the fitness of the holder to offer public transportation.
B.
Before
suspension or revocation the holder of the permit shall be given reasonable
notice of the proposed action to be taken, and shall have an opportunity
to be heard by the chief of police.
(Ord. 1446 § 1, 2009)
If an owner to whom a certificate for convenience and necessity
has been issued desires to sell or transfer his or her business, the
intended buyer shall make application to the city for a certificate
of convenience and necessity as required by this chapter. The seller
and holder of the certificate shall file an affidavit of intention
to surrender and cancel the existing certificates and licenses conditionally
upon and concurrently with consummation of sale and issuance of new
certificates and licenses in the name of the buyer. If the buyer applicant
meets the requirements as set forth in this chapter for the issuance
of a certificate of convenience and necessity, the city shall issue
a new certificate to the buyer and concurrently therewith shall cancel
the seller's certificate.
(Ord. 1446 § 1, 2009)
A.
In the
event an owner sells or transfers title to a taxicab or vehicle for
which a license has been issued, or in the event such vehicle has
been destroyed, the owner is entitled as a matter of right to have
a new license issued for the taxicab or vehicle replacing the one
so sold or transferred upon proper application to the city clerk within
forty-five days after such sale, transfer or destruction.
B.
If a
vehicle is withdrawn from service for a period of forty-five days
without written permission being first secured from the city administrator,
the license for such vehicles shall be automatically cancelled and
the certificate shall be reduced by one or more, as the case may be.
(Ord. 1446 § 1, 2009)
No taxicab business operator's permit shall be issued or continued
in operation unless there is in full force and effect and covering
each vehicle classified under this chapter a policy of insurance in
such form as the city council shall deem proper, executed by an insurance
company approved by the city council, which policy shall insure the
public against any loss or damage that may result from the operation
of the vehicle; provided, that the policy of insurance shall provide
for maximum recovery of not less than the following schedule:
A.
For
injury or death of any one person in any one accident, one hundred
thousand dollars;
B.
For
injury or death of two or more persons in any one accident, three
hundred thousand dollars;
C.
For
injury or destruction of property in any one accident, fifty thousand
dollars.
(Ord. 1446 § 1, 2009)
A.
Regardless
of the provisions of any other ordinances or provisions of this code,
taxicab operators who participate in the subsidized taxicab program
shall obtain and maintain in full force and effect liability insurance
in the amount of two million dollars for each accident and two million
dollars for injuries in any one occurrence and property damage liability
in the sum of two million dollars, naming the city of Manteca and
its elected officials, employees and volunteers as additional insured,
and which policy shall provide that the city shall be given thirty
days' written notice prior to the cancellation of any such policy.
B.
Any
person violating any of the provisions of this section shall be guilty
of a misdemeanor and upon conviction thereof shall be punished by
a fine of not more than five hundred dollars or by imprisonment in
the county jail for not more than six months, or by both such fine
and imprisonment.
(Ord. 1446 § 1, 2009)
All vehicles for which a taxicab business operator's permit
has been issued under this chapter shall be under the supervision
and control of the chief of police and no owner or driver shall operate,
or permit to be operated, any vehicles in the city while the equipment
used therein is defective, damaged, or in any unsanitary condition,
and every such vehicle shall be at all times subject to the inspection
of any police officer of the city.
(Ord. 1446 § 1, 2009)
A.
The
chief of police shall suspend the license of the vehicle, without
previous notice, any vehicle operating pursuant to this chapter whenever
an owner or driver violates any of the sections of this chapter. Any
owner may appeal such decision in writing to the city manager, which
shall, after due notice to the owner, conduct a hearing, and determine
the matter and their decision therein shall become final. The city
manager may order continued suspension of such license until such
time as the vehicle shall be restored to a safe or sanitary condition.
(Ord. 1446 § 1, 2009)
A.
Any
driver employed to transport passengers to a definite point shall
take the most direct route that will take the passengers to their
destination safely and expeditiously.
B.
If requested,
every driver shall give a receipt upon payment of the correct fare.
C.
It is
unlawful for any person except where credit is extended, to refuse
to pay the lawful fare affixed in this chapter for the use of any
vehicle covered by this chapter.
D.
It is
unlawful for any driver to refuse when the vehicle is in service and
not otherwise engaged to transport any person who presents him or
herself, or is presented for carriage, in a sober and orderly manner
and for a lawful purpose.
E.
No driver
shall charge a passenger a fare greater than that to which he or she
is entitled under the provisions of this chapter. It is unlawful for
the owner or driver of any vehicle licensed under this chapter to
conduct his business from any place other than the established place
of business set forth in the certificate of convenience and necessity.
(Ord. 1446 § 1, 2009)
A.
The
city council may by resolution locate and designate taxicab or vehicle
for hire stands, and such stands shall be appropriately designated.
The chief of police shall recommend, in writing, to the city council
for their approval, the location of such stands.
B.
Open
stands may be authorized and designated by action of the city council
to be open to any vehicle for hire for which a certificate has been
duly issued. The city council may designate stands for specific vehicles
for hire and shall state which vehicles and which owners are entitled
to use those stands. It is unlawful for the owner or operator of any
other vehicle for hire, other than the permittee to use a stand designated
specifically to such individual.
(Ord. 1446 § 1, 2009)
The full and sole purpose of this chapter is one of regulation
for the public good and under no circumstances whatsoever shall any
license or permit provided for in this chapter constitute or be deemed
to be a property right or right of livelihood vested in the holder
of any such certificate, permit or license.
(Ord. 1446 § 1, 2009)
A.
Taxicabs.
It is unlawful for any owner or driver to operate any taxicab in the
city unless such vehicle is equipped with a taximeter, the location
of which shall be directly in front of the glove compartment or close
thereby. It shall be the duty of every owner operating a taxicab to
keep such taximeter in perfect condition so that it will, at all times
correctly and accurately indicate the correct charge for the distance
traveled and waiting time, and such taximeter shall be at all times
subject to inspection by the chief of police. The chief of police
is authorized at his instance or upon complaint of any person to investigate
or cause to be investigated such taximeter, and upon the discovery
of any inaccuracy in the meter to remove or cause to be removed such
vehicle equipped with such taximeter from the streets of the city
until such time as the taximeter shall have been correctly adjusted.
B.
Receipts
for Fare to be Delivered to Passenger. All drivers or operators of
public passenger vehicles for hire, upon the demand of any passenger,
shall give a receipt for fare paid, such receipt to be in a form satisfactory
to the chief of police.
C.
Operation
of Taximeter. Every such taximeter shall register the charge to nearest
five cents and be equipped with a flag or other mechanical device
with the words "For Hire" printed or stamped thereon, and such flag
shall be so attached an connected to the mechanism of the taximeter
as to cause the mechanism to operate when such flag is in a position
other than upright and indicate that the taxicab is not for hire,
and the flag shall, when moved forwards or downwards, start the operation
of the taximeter so that the same will operate in the manner defined
in this chapter.
D.
Unlawful
Practices. It is unlawful for any driver of a taxicab while carrying
passengers to display the flag or device attached to such taximeter
in such a position as to denote that such vehicle is for hire or not
employed, or to have such flag or other attached device in such a
position as to prevent the taximeter from operating, and it will be
unlawful for any driver to throw such flag or other device of a taximeter
into a position which causes the taximeter to record when such vehicle
is not actually employed or to fail to throw the flag or other device
on such taximeter into a non-recording position each time a passenger
is discharged and a fare collected.
E.
Basis
of Charges. All charges for transportation of passengers in taxicabs
operated in the city shall be based on the charges indicated on the
taximeter, and it shall be unlawful for any owner, driver or operator
of any taxicab to charge any passenger any sum in excess of the sum
indicated on the taximeter.
F.
Rates.
The city council shall from time to time, or upon the written request
of the franchise holder, consider adjustment in the rates to be charged
by an owner or driver of a taxicab within the city, and it shall be
unlawful for any such owner or driver of a taxicab to charge a greater
sum for the use of the vehicle than the current rate which shall be
set by resolution of council.
(Ord. 1446 § 1, 2009)
Each taximeter shall, while in use in the city, be equipped
with an efficient illuminating device, either flexible or fixed, and
so arranged as to enable the passenger or passengers to conveniently
observe the meter and the amount of fare registered thereon.
(Ord. 1446 § 1, 2009)
A.
No person
shall operate a taxi in the city unless the person then holds a permit
issued by the chief of police.
B.
No person
shall be issued a permit authorizing him to operate a taxi upon the
city streets, unless the chief of police determines that the person:
1.
Has
a valid class 3 drivers license as defined in California Vehicle Code
Section 12804(b)(3);
2.
Has
not, within five years of the date of making application for the permit,
been convicted of, or pleaded guilty or nolo contendere, to any of
the following:
a.
Reckless driving,
b.
Hit and run,
c.
Driving while under the influence of alcohol or drugs,
d.
Manslaughter resulting from the operation of motor vehicle,
e.
Any offense, an element of which is: force, violence or theft,
f.
The use, possession, cultivation or sale of any controlled substances
as defined in Health and Safety Code Sections 11054 through 11058;
3.
Is
not required to register as a sex offender pursuant to California
Penal Code Section 290 or its successor statute or statutes;
4.
Has
completed the application form and supplied any reasonable additional
information requested by the chief of police; and
5.
Is
at least eighteen years old on the date of application.
C.
The
application form and its contents shall be as designated by the chief
of police.
(Ord. 1446 § 1, 2009)
Any driver's permit issued pursuant to Section 5.40.210 may be revoked by the chief of police when:
A.
The
driver's Class 3 license has been suspended or revoked by any court,
or the California Department of Motor Vehicles;
B.
The driver has been convicted of, or pleaded guilty or nolo contendere to, any of the crimes set forth in Section 5.40.210(B)(2); or
C.
The
driver has been convicted of or pleaded guilty or nolo contendere
to any act for which his or her registration as a sex offender is
required pursuant to California Penal Code Section 290 or its successor
statute or statutes.
(Ord. 1446 § 1, 2009)
A.
Any
applicant for a permit or driver whose application is denied or whose
permit is revoked, as provided in this chapter, may appeal such denial
to the city manager. Any appeal must be in written form, and be received
by the city manager within ten days of the effective date of the denial
or revocation. The city manager shall set a date and time at which
the applicant or driver will have the opportunity to be heard and
present evidence to the city manager relative to the denial or revocation.
The date shall be no later than fourteen days after receipt of the
appeal. Within seven days after that hearing, the city manager shall
affirm or reverse the denial or revocation. If the denial or revocation
is reversed, the chief of police shall issue or reinstate the permit.
B.
If the
city manager affirms the denial or revocation, he or she shall notify
the applicant or driver of his or her decision by mail within three
days of his or her determination. The decision of the city manager
shall be final.
(Ord. 1446 § 1, 2009)
