Note: Prior ordinance history: Ordinances 618, 1039 and 1171.
The purpose of this chapter is to provide rules and regulations governing the operation and permitting of taxicab companies and taxicab drivers. The further purpose of this chapter is to serve as the taxicab transportation service policy of the city as required to be adopted by California Government Code Section 53075.5(b).
(Prior code § 6550.010)
As used in this chapter, the following terms shall have the meanings set forth below: "City manager" means the city manager of the city of Upland or a designee thereof.
"Driver"
means any person driving a taxicab either as owner or under the direction, employment, control, or service of the owner as defined.
"Owner"
means every person having control, whether by a 10 percent or greater ownership interest, lease or otherwise of any taxicabs for hire.
"Person"
means and includes both singular and plural, and means and includes any individual, firm, corporation, association, partnership, or business entity, exclusive of public agencies.
"Taxicab"
means any vehicle designed to carry not more than eight persons, excluding the driver, and which is used to provide taxicab service as defined in this chapter.
"Taxicab service"
means any public passenger transportation service utilizing taxicabs and available for hire on call or demand over the public streets of the city where the service is not provided over a defined route, but is between such points and over such routes as may be directed by the person(s) hiring the same, and irrespective of whether the operations extend beyond the area of the corporate limits of the city. The term taxicab service shall include the act of picking up any passenger in the city, but shall not include the sole act of delivering any passenger to a location within the city.
(Prior code § 6550.020)
It is unlawful for any person to engage in the business of operating or causing to be operated any taxicab service within the city without having a permit to do so pursuant to the provisions of this chapter.
(Prior code § 6550.030)
Any person desiring to obtain a permit to operate a taxicab service under this chapter, or to renew a permit, shall submit a written application to the city manager on an application form provided by the city manager. Applications shall be signed under penalty of perjury and shall contain the following:
A. 
Name, residence address and telephone number of the applicant;
B. 
Business name, address and telephone number of the applicant;
C. 
Number of vehicles to be operated under the permit;
D. 
The make, type, year, manufacturer, and passenger seating of the vehicles to be used by the applicant, together with evidence satisfactory to the city manager that each taxi proposed to be utilized has been safety inspected within a period of time satisfactory to the city manager, but not to exceed once per quarter, and otherwise complies in all respects with any and all applicable laws, rules, and regulations;
E. 
The proposed color scheme, insignia or other distinguishable characteristics of the taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle, if any, and legend thereon;
F. 
Evidence satisfactory to the city manager of having procured comprehensive general liability and automobile liability insurance applicable to taxicab services with limits not less than $2,000,000.00 for each person killed or injured and not less than $5,000,000.00 for death or injury of any two or more persons in any one accident, and for damage to property of at least $1,000,000.00 from any one accident;
G. 
Legal and registered ownership of the vehicles to be used by the applicant;
H. 
Prior experience of the applicant in the taxicab business including the details of any prior denial, revocation or suspension by any public agency of any type of taxicab service or taxicab driving permit, license or certificate;
I. 
The names of each driver to be employed who will operate a taxicab in the city, a copy of any and all current licenses of each driver necessary to operate a taxicab, and a copy of each driver's current San Bernardino County Sheriffs Department taxicab driver's permit;
J. 
A statement by the applicant that no driver employed or to be employed has been convicted of driving under the influence of alcohol or drugs within the previous five years;
K. 
Rates to be charged to the public throughout the term of any permit issued;
L. 
Unless otherwise provided by law, evidence that the applicant has procured workers compensation insurance covering any and all drivers to be employed by the applicant should a taxicab service permit be issued;
M. 
Evidence satisfactory to the city manager establishing that the applicant has complied and currently complies with the provisions of California Government Code Section 53075.5(b)(3), or any successor provision thereto, pertaining to pre-employment and periodic testing of drivers for controlled substances and alcohol, and with provisions therein pertaining to payment for drug and alcohol testing programs and related reporting requirements. The applicant shall also provide evidence satisfactory to the city manager that each driver to be utilized in the city has tested negative for drugs and alcohol no more than one month prior to employment or within the previous six months, whichever is later;
N. 
Copy of current city business license to operate a taxicab service.
(Prior code § 6550.050)
A. 
Upon the furnishing of all of the information required by Section 5.24.050 and payment of the required fee, the city manager shall determine whether or not the applicant has satisfied all requirements of this chapter. If the city manager finds that all requirements of this chapter have been satisfied, an annual taxicab service permit shall be issued. The permit shall be deemed to authorize use of only those drivers and taxicabs described in the application.
B. 
A taxicab driver's permit shall be issued to each qualified driver listed in the taxicab service application and to each qualified driver subsequently listed with the city by the taxicab service applicant. Such permit shall be valid so long as the driver continues to satisfy all requirements of this chapter and the driver's taxicab service employer maintains a current taxicab service permit, or until the taxicab driver's permit may be revoked as provided herein.
C. 
Different drivers may be utilized by a permitted taxicab service provided all driver information required as part of the taxicab driver permit application process is provided to the city manager in writing at least 10 days prior to such driver commencing to operate any taxicab in the city. Use of any additional or different taxicab shall require city's prior written consent. Any applicant denied a taxicab service permit, or renewal of same, shall be notified in writing of such denial and the grounds upon which such denial is based.
(Prior code § 6550.060)
A taxicab service permit may be denied or revoked on the following grounds:
A. 
Failure to maintain vehicles in good and safe order and in compliance with all laws;
B. 
Any false statement made on an application submitted under this chapter;
C. 
Failure to pay any fees as required under this chapter;
D. 
Repeated and persistent violations by the permittee or the permittee's drivers of the traffic laws of the city, county or state;
E. 
Employment of a driver providing taxicab services within the city who does not have a valid taxicab driver's permit or renewal thereof issued pursuant to this chapter;
F. 
Violation of, or failure to satisfy, any requirements contained in any of the provisions of this chapter;
G. 
Charging rates in excess of the amounts stated in the permit application.
(Prior code § 6550.070)
A. 
Every person engaging in or carrying on the business of taxicab service, shall pay an annual permit fee as established by resolution of the city council. Required fees shall be paid at the time an application for a permit or renewal thereof is submitted under this chapter.
B. 
Every permit issued under this chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to the termination. Any renewal of a permit issued under this chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original permit, except as otherwise herein provided. A person holding a taxicab service permit may not drive a taxicab without also possessing a current taxicab driver's permit and otherwise satisfying all requirements of this chapter pertaining to city approval of taxicab drivers. Permits issued under this chapter may not be transferred to any other person or entity and every taxicab service permitted shall provide written notification to the city manager upon the termination of any taxicab driver possessing a city taxicab driver's permit.
(Prior code § 6550.080)
Each taxicab driver:
A. 
Shall keep an accurate, legible record of all passengers carried, the pick up and drop off points, and the date and time carried. This record shall be available for up to one year for review by the city manager;
B. 
Shall not, when otherwise available for hire, refuse to transport anyone requesting a ride except under the following circumstances:
1. 
The transportation requested is such that the driver may not legally accept such passenger,
2. 
The driver has reasonable cause to believe that the proposed passenger will refuse to pay, or cannot pay the fare, or
3. 
The proposed passenger is drunk, disorderly, engaged in the commission of any crime, or is otherwise unfit to be transported as a passenger;
C. 
Shall wear a company I.D. badge and a distinctive uniform with an emblem or insignia, and similar color scheme identifying the driver's association with a permitted taxicab service;
D. 
Shall keep the taxicab in good mechanical condition and in compliance with any and all applicable rules and regulations;
E. 
Shall charge only those rates as submitted on the application or such rates as have been approved by the city manager in writing;
F. 
Shall keep the taxicab in a clean and sanitary condition;
G. 
Shall participate in periodic testing for controlled substances and alcohol, shall report the results thereof, as specified in Government Code Section 53075.5(b)(3), and shall test negative for drugs and/or alcohol as required in such code section;
H. 
Shall not permit any person to operate a taxicab unless such person is authorized to operate a taxicab pursuant to this chapter;
I. 
Shall not stop for or accept any passenger except at an authorized taxicab stand or within such other area as may be authorized by the city; or where the taxicab driver has driven a passenger to a particular location and is waiting for such passenger, or when picking up a passenger who has contacted the taxicab driver's employer and requested taxicab service;
J. 
Shall drive passengers to their point of destination by the most direct practical route, unless specifically directed otherwise by such passengers;
K. 
Shall, when engaged, provide current passengers with exclusive right to use of the passenger compartment, without picking up additional passengers, unless otherwise expressly permitted by the city;
L. 
Shall immediately report the fact of any revocation of any license required to operate a taxicab;
M. 
Shall surrender the taxicab driver's permit to the city if no longer employed by a city-permitted taxicab service;
N. 
Shall provide a state of California Department of Motor Vehicles driving history printout evidencing the validity of his or her driver's license. The taxicab driver's permit of any taxicab driver found to have violated any provision of this chapter, may be revoked as provided herein.
(Prior code § 6550.090)
A. 
At its discretion, the city council may, by resolution, permit the city manager to locate, designate, and approve taxicab stands, which shall be available for the exclusive use of city-approved taxicabs.
B. 
Established taxicab stands shall be in operation 24 hours of every day, unless otherwise provided by the city manager.
C. 
Notwithstanding the provisions of this chapter, taxicabs may stop, stand or park in any place where the public parking of vehicles is otherwise permitted, between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
D. 
No taxicab shall remain standing unless it is attended by a driver, except when necessary to assist passengers in loading or unloading.
(Prior code § 6550.100)
A. 
Except as otherwise provided by law, each taxicab shall be equipped with a taximeter that has been inspected and certified by the county division of weights and measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been so inspected and is currently certified.
B. 
Except as otherwise provided by law, it is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a county division of weights and measures. It shall be the duty of every permittee hereunder using any taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection from time to time by any police officer of the city or any authorized inspector delegated to this purpose. Upon the discovery of any inaccuracy of a taximeter, the permittee shall remove or cause to be removed any vehicle equipped with such taximeter from the streets of the city until such taximeter has been correctly adjusted and certified by the county division of weights and measures.
(Prior code § 6550.110)
In the event the city manager has reasonable cause to believe that grounds exist to revoke any permit issued hereunder as provided herein, a written notice on intent to revoke shall be served by first-class mail upon the permit holder. Unless timely appealed, the revocation shall be effective as of midnight on the date specified in the notice which shall not be less than 21 calendar days thereafter, unless immediate revocation is deemed necessary due to an immediate threat to the public health, safety or welfare. The notice shall state the grounds for revocation and shall be served upon the permittee by delivering the same personally or by mailing by first class mail addressed to the permittee at his or her place of business or residence. Any taxicab service operator or driver having a permit revoked shall not be eligible to apply for another permit for six months after the effective date of such revocation.
(Prior code § 6550.120)
Any taxicab service permit applicant denied a permit pursuant to this chapter, or any permittee in receipt of a notice of intent to revoke, may appeal such denial or intent to revoke to the city council by filing with the city manager a written notice of appeal within 10 business days of the date of permit denial or of service of the notice of intent to revoke. The city council may hear appeals directly or in its sole discretion may appoint a hearing officer to hear any appeal and make a recommendation to the city council. Upon receipt of a timely, written request for appeal, the city clerk shall set a hearing to occur within 45 days before the council or its designated hearing officer and shall provide written notice of same by first class mail to the appellant. The city council shall sustain, overrule, or overrule with conditions, the denial or intended revocation upon written findings within 30 days of the conclusion of the hearing.
(Prior code § 6550.130)
This chapter shall not apply to any public transportation service being performed pursuant to a contract with the city or with any other public entity in this state.
(Prior code § 6550.140)