For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
"Driver"
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.
"Limousine"
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.
"Owner"
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.
"Public transportation vehicles"
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.
"Taxicab"
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.
"Taximeter"
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, th
e 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)
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)
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)
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)
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)
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)
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)
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.
D. The driver has been convicted of a violation of any provision of Chapter
5.50 of this code.
(Ord. 1446 § 1, 2009)