Note: Prior history: Prior code §§ 28-101—28-123
and Ord. 565.
For the purposes of this chapter, the following terms have the
following meanings:
means the city employee designated by the city manager to
administer this chapter.
means and includes every person in actual charge of or operating
any taxicab.
includes self-employment as an independent driver.
means a person who is not a city employee or city official
and has been designated by the city manager to hear appeals under
this chapter. The hearing officer shall be unbiased and impartial
to the parties.
means to pick up or drop off customers.
means and includes every motor vehicle used in the business
of carrying not more than eight passengers for hire over the public
streets of the city, and not over a defined route and irrespective
of whether the operation extends beyond the boundary limits of the
city, such vehicle being routed under the direction of such passenger
or passengers, or of such person or persons hiring the same.
means every person, firm, or corporation owning or controlling
any taxicab.
(Ord. 810 § 2, 2019)
A.
No taxicab
company or taxicab driver may operate within the city unless the company
and the driver are licensed or permitted by a jurisdiction that regulates
taxicabs in accordance with California law.
B.
If a
taxicab company or a taxicab driver is substantially located in the
city, then the taxicab company or taxicab driver must obtain the proper
licenses and permits from the city.
C.
A taxicab
company or taxicab driver is substantially located within the jurisdiction
where the primary business address of the company or driver is located.
A taxicab company or taxicab driver is also substantially located
in the jurisdiction within a single county in which trips originating
in that jurisdiction account for the largest share of that company
or driver's total number of trips within that county over the past
year and determined every five years thereafter.
D.
If a
taxicab company or taxicab driver that operates in the city is substantially
located in a jurisdiction that does not regulate taxicabs pursuant
to California law, then the taxicab company or taxicab driver will
be deemed to be substantially located in the city and must obtain
all appropriate licenses and permits from the city.
(Ord. 810 § 2, 2019)
A.
License
Required. All taxicab companies substantially located within the city
must obtain a license to operate from the administrator. Permits are
valid for one year from the date of issuance.
B.
Application
for License to Operate. The application for a taxicab company license
to operate must be on a form approved by the administrator and signed
under penalty of perjury. The application will not be considered until
the license application fee has been paid.
C.
Taxicab
Company Requirements. A licensed taxicab company must do all of the
following:
1.
Sign
an agreement signed to indemnify and hold harmless the city, its elected
and appointed officials, employees, and agents from and against any
and all claims asserted or liability established for damages or injuries
to any person or property that arise from, or are connected with,
or are caused by the willful or negligent acts or omissions of the
taxicab company, or its agents, officers, employees or contractors.
2.
Maintain
a policy(ies) of liability insurance that covers all automobiles owned,
leased, or hired for use in the taxicab business. Said insurance must
have minimum limits of one hundred thousand dollars per person and
three hundred thousand dollars per accident for personal injury and
one hundred thousand dollars for property damage. Current certificates
of insurance for all vehicles operating as taxicabs for the company
must be on file with the city at all times.
3.
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,
whether employees or contractors.
4.
Maintain
a safety education and training program in effect for all taxicab
drivers, whether employees or contractors.
5.
Maintain
a disabled access education and training program to instruct its taxicab
drivers on compliance with the Federal Americans with Disabilities
Act of 1990 (42 U.S.C. Section 12101 et seq.) 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.
6.
Maintain
its motor vehicles used in taxicab transportation services in a safe
operating condition and in compliance with the Vehicle Code and obtain
a Bureau of Automotive Repair inspection annually for each vehicle.
7.
Provide
the city an address of an office or terminal where documents supporting
the factual matters specified in the showing required by this subsection
may be inspected by the city.
8.
Provide for a taxicab driver fingerprint-based criminal history check and a drug and alcohol testing program pursuant to Section 5.24.090.
9.
Notify
the city immediately of any of the following: termination of employment
of a taxicab driver, a positive drug/alcohol test result for taxicab
driver, and any motor vehicle accident involving a taxicab vehicle.
D.
Denial
or Approval of License. The administrator will notify the applicant
of a denial of a license to operate in writing. The notice will contain
a statement of the facts upon which the administrator has acted in
denying issuance of the license and set forth the appeal procedure.
If the application is approved, the administrator will issue the taxicab
company a license to operate.
E.
Renewal
of License. Prior to the expiration of the license to operate, a taxicab
company must complete and submit a license renewal application on
a form approved by the administrator and signed under penalty of perjury.
1.
Upon
receipt of the license renewal fee and a complete renewal application
that conforms with the requirements of this chapter, a new license
to operate will be issued with new issuance and expiration dates.
2.
If
the taxicab company no longer meets the requirements under this chapter,
then the license to operate will not be renewed. A notice of non-renewal
will be given in writing and personally delivered or mailed to the
address on file with the city for the taxicab company. The notice
will contain the reasons for denying renewal and set forth the appeal
procedure.
F.
Suspension
or Revocation of License. The administrator shall suspend the license
of a taxicab company for failure to comply with the provisions of
this chapter until said taxicab company comes into compliance. In
the event that: (1) noncompliance cannot be remedied; or (2) the taxicab
company has submitted misleading or false information to the city,
the administrator shall revoke the license of the taxicab company.
Notice of the suspension or revocation and the reasons therefor will
be given in writing and personally delivered or mailed to the address
on file with the city for the licensee at least ten days prior to
the effective date of the suspension or revocation. The notice will
also set forth the appeal procedure. Any taxicab company that has
had its license revoked, and any of its owners, is not eligible to
reapply for a license for five years from the effective date of revocation.
(Ord. 810 § 2, 2019)
A.
Permit
Required. Every taxicab driver substantially located within the city
must obtain a taxicab driver's permit from the city. Permits are valid
for one year from the date of issuance.
B.
Application
and Eligibility for Permit. The application for a taxicab driver's
permit must be on a form approved by the administrator and signed
under penalty of perjury. The application will not be considered until
the permit application fee has been paid. To be eligible for a taxicab
driver's permit, a person must:
1.
Be
eighteen years of age or older;
2.
Have
a valid California driver's license;
3.
Be
employed by or have an offer of employment by a taxicab company;
4.
Have
no felony convictions in the previous ten years, or misdemeanor convictions
in the previous twenty-four months, that are reasonably and directly
related to the functions involved in the operation of motor vehicles
or indicate a potential risk to the public;
5.
Have
no more than two traffic violations in the previous twelve months;
and
6.
Pass
a drug/alcohol test within the thirty days prior to submitting the
application.
C.
Denial
or Approval of Permit. The administrator will notify the applicant
of a denial of a permit in writing. The notice will contain a statement
of the facts upon which the administrator has acted in denying issuance
of the permit and set forth the appeal procedure. If the application
is approved, the administrator will issue a taxicab driver's permit
to the applicant.
D.
Content
of Permit. The permit issued by the city will include the name of
the taxicab driver's employer, the date of issuance, the printed name
and signature of the administrator, the name and date of birth of
the taxicab driver, and the expiration date.
E.
Termination
of Employment. The taxicab driver's permit will become void immediately
upon termination of employment. The driver must return the permit
to the city upon termination of employment.
F.
Display
Permit. The administrator will issue each permitted taxicab driver,
a photo permit that the taxicab driver is required to display within
the taxicab in a place visible to a passenger at all times while the
taxicab is in service.
G.
Contents
of Display Permit. The photo permit for display will include, at minimum,
the following information: photo and name of taxicab driver, name
of the taxicab company and its business address and phone number,
the date of expiration of the permit.
H.
Renewal
of Permit. Prior to the expiration of the taxicab driver's permit,
the taxicab driver must complete and submit a renewal application
on a form approved by the administrator and signed under penalty of
perjury.
1.
Upon
receipt of the permit renewal fee and a complete renewal application
that conforms with the requirements of this chapter, a new permit
and display permit will be issued with new issuance and expiration
dates.
2.
If
the taxicab driver no longer meets the requirements of this chapter,
then the permit will not be renewed. A notice of non-renewal will
be given in writing and personally delivered or mailed to the address
on file with the city for the taxicab driver. The notice will contain
the reasons for denying renewal and set forth the appeal procedure.
I.
Suspension
or Revocation of Permit. The administrator shall suspend the permit
of any taxicab driver as follows: (1) for failure to maintain a valid
driver's license until proof a valid driver's license is submitted;
(2) upon notification of a positive alcohol/drug test until driver
has complied with employer's return-to-duty requirements after which
the driver may request reinstatement. The administrator shall revoke
the permit of any taxicab driver for: (1) conviction of a felony or
misdemeanor crime that is reasonably and directly related to the functions
involved in the operation of motor vehicles or indicate a potential
risk to the public; or (2) termination of employment with a taxicab
company licensed by the city. Notice of the suspension or revocation
and the reasons therefor will be given in writing and personally delivered
or mailed to the address on file for the permittee with the city at
least ten days prior to the effective date of the suspension or revocation.
The notice will also set forth the appeal procedure.
(Ord. 810 § 2, 2019)
A.
Required.
Each taxicab company or taxicab driver that is required to be licensed
by the city under this chapter is also required to obtain a vehicle
permit for each vehicle operating as a taxicab.
B.
Application
and Eligibility for Permit. The application for a taxicab vehicle
permit must be on a form approved by the administrator and signed
under penalty of perjury by the registered owner. The application
will not be considered until the permit application fee has been paid.
To be eligible for a taxicab vehicle permit, the vehicle must:
1.
Be
registered in California as a commercial vehicle;
2.
Be
insured in amounts as required herein;
3.
Pass
a vehicle inspection performed within the previous thirty days by
a facility licensed by the California Bureau of Automotive Repair;
4.
Be
marked "taxi" on the exterior of the vehicle along with the name of
the taxicab company with which the vehicle is associated.
C.
Denial
or Approval of Permit. The administrator will notify the applicant
of a denial of a permit in writing. The notice will contain a statement
of the facts upon which the city has acted in denying issuance of
the permit and set forth the appeal procedure. If the application
is approved, the administrator will issue a taxicab vehicle permit
to the registered owner. The permit must be kept in the vehicle at
all times it is operating as a taxicab within the city.
D.
Content
of Permit. The permit issued by the city will include the name of
the taxicab company, the name of the registered owner, identifying
information of the vehicle, the date of issuance, the printed name
and signature of the administrator, and the expiration date of the
permit.
E.
Renewal
of Permit. Prior to the expiration of the taxicab vehicle permit,
the registered owner must complete and submit a license renewal application
on a form approved by the administrator and signed under penalty of
perjury.
1.
Upon
receipt of the permit renewal fee and a complete renewal application
that complies with the requirements of this chapter, a new vehicle
permit will be issued with new issuance and expiration dates.
2.
If
the taxicab vehicle no longer meets the requirements under this chapter,
then the permit will not be renewed. A notice of non-renewal will
be given in writing and personally delivered or mailed to the address
on file with the city for the registered owner. The notice will contain
the reasons for denying renewal and set forth the appeal procedure.
F.
Suspension
or Revocation of Permit. The administrator shall suspend a taxicab
vehicle permit for failure to comply with the provisions of this chapter
until said vehicle comes into compliance. In the event that noncompliance:
(1) cannot be remedied; (2) is not remedied within one hundred eighty
days, the administrator shall revoke the permit. Notice of the suspension
or revocation and the reasons therefor will be given in writing and
personally delivered or mailed to the address on file with the city
for the registered owner at least ten days prior to the effective
date of the suspension or revocation. The notice will also set forth
the appeal procedure.
(Ord. 810 § 2, 2019)
A.
Availability
of Appeal. Any person who has: (1) been denied a license or permit;
(2) received a notice of non-renewal; or (3) received a notice of
intent to suspend or revoke a license or permit, may appeal the decision
using the procedure set forth in this section.
B.
Timing
and Manner of Appeal. All appeals must be submitted in writing to
the city clerk within ten days of the date that the denial, non-renewal,
or notice of intent to suspend or revoke is mailed or personally delivered
to the license or permit holder. If no appeal is filed, the decision
will be final and nonappealable upon the passing of the appeal period.
C.
Contents
of Appeal. The appeal must contain a statement of reasons as to why
the administrator's decision is not proper and any documentary evidence
to support the appeal. The appeal must state if the appellant is requesting
a hearing.
D.
Hearing
Officer. Upon receipt of an appeal, the city manager shall promptly
designate a hearing officer to review the appeal and to hold a hearing
if one is requested by the appellant. The city shall transmit its
statement of reasons for the action appealed and any documentary evidence
along with the appellant's appeal to the hearing officer. If a hearing
is requested, the hearing officer shall set the hearing within fifteen
days of the date of receipt of the appeal by the city clerk.
E.
Hearing
and Decision. At the hearing, the administrator and the appellant
may submit testimonial, documentary and tangible evidence relevant
to the issues before the hearing officer. The hearing officer shall
issue a written decision either denying or sustaining the appeal within
ten days of receiving the appeal if no hearing is requested or within
ten days of the hearing if a hearing was requested. The hearing officer's
decision is final and non-appealable.
(Ord. 810 § 2, 2019)
A.
It is
unlawful for any owner or driver to operate, or cause to be operated,
any taxicab that has any defective, unsafe, or unsanitary condition.
B.
No owner
or driver may transport any number of persons unless each person can
be safely accommodated within the taxicab.
C.
If a
taxicab is not-in-service and operating on city streets, an "out-of-service"
or "not-in-service" sign must be displayed and clearly visible to
the public.
D.
Each
taxicab vehicle permitted under this chapter must be of a color scheme
and bear the affiliated taxicab company's trade name, monogram or
insignia which are distinguishable from the color scheme, owner's
trade name, monogram or insignia used on the vehicles of any other
taxicab company already operating pursuant to this chapter. No change
in the color scheme or distinguishing characteristics of any vehicle
shall be made without written permission from the administrator.
(Ord. 810 § 2, 2019)
A.
Each
taxicab company may set fares or charge a flat rate.
B.
Each
taxicab company 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.
C.
Each
taxicab company must disclose fares, fees, or rates to the customer.
A taxicab company 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.
D.
Each
taxicab company must 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.
(Ord. 810 § 2, 2019)
A.
The
following mandatory controlled substance and alcohol certification
program applies to all taxicab companies and taxicab drivers licensed
or permitted by the city:
1.
Drivers
shall test negative for each of the controlled substances specified
in Part 40 (commencing with Section 40.1) of Title 49 of the Code
of Federal Regulations, before employment. Drivers shall test negative
for these controlled substances and for alcohol as a condition of
permit renewal. 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.
2.
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 this section. Requirements
for pre-employment, post-accident, random, reasonable suspicion, and
return-to-duty testing and other requirements, except as provided
otherwise in this section, shall be substantially as in Part 382 (commencing
with Section 382.101) of Title 49 of the Code of Federal Regulations.
3.
A
test in one jurisdiction shall be accepted as meeting the same requirement
in any other jurisdiction. Any negative test result shall be accepted
for one year as meeting a requirement for periodic permit renewal
testing or any other periodic testing in that jurisdiction or any
other jurisdiction, if the driver has not tested positive subsequent
to a negative result. However, an earlier negative result shall not
be accepted as meeting the pre-employment testing requirement for
any subsequent employment, or any testing requirements under the program
other than periodic testing.
4.
In
the case of a self-employed independent driver, the test results shall
be reported directly to the city, which shall notify the taxicab leasing
company of record, if any, of positive results. In all other cases,
the results shall be reported directly to the employing taxicab company,
who is required to notify the city of positive results.
5.
All
test results are confidential and shall not be released without the
consent of the driver, except as authorized or required by law.
6.
Self-employed
independent drivers shall be responsible for compliance with, and
shall pay all costs of, this program with regard to themselves. Employing
taxicab companies shall be responsible for compliance with, and shall
pay all costs of, this program with respect to their employees and
potential employees, except that an operator may require employees
who test positive to pay the costs of rehabilitation and of return-to-duty
and follow-up testing.
7.
Upon
the request of a driver applying for a permit, the city shall give
the driver a list of the 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 jurisdiction.
B.
No evidence
derived from a positive test result pursuant to the program will be
admissible in a criminal prosecution concerning unlawful possession,
sale or distribution of controlled substances.
(Ord. 810 § 2, 2019)
It is unlawful for any licensed taxicab company or taxicab driver
to 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.
(Ord. 810 § 2, 2019)
The city is authorized to levy service charges, fees, or assessments
in an amount sufficient to pay for the costs of carrying out the requirements
of this chapter. These fees will be adopted by resolution as part
of the master fee schedule.
(Ord. 810 § 2, 2019)
A.
It is
unlawful to operate a taxicab in the city without valid permits issued
by each jurisdiction in which the taxicab company or driver is substantially
located.
B.
The minimum fine for violation of subsection A is five thousand dollars and may be imposed administratively by the city.
C.
The
minimum fine for all other violations of this chapter is one hundred
dollars and may not exceed one thousand dollars and may be imposed
administratively by the city.
(Ord. 810 § 2, 2019)
Taxicab companies and drivers licensed by the city as of the
effective date of the ordinance codified in this chapter shall have
sixty days therefrom to come into full compliance with all provisions
of this chapter.
(Ord. 810 § 2, 2019)
