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.
means any person driving a taxicab either as owner or under
the direction, employment, control, or service of the owner as defined.
means every person having control, whether by a 10 percent
or greater ownership interest, lease or otherwise of any taxicabs
for hire.
means and includes both singular and plural, and means and
includes any individual, firm, corporation, association, partnership,
or business entity, exclusive of public agencies.
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.
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)
It is unlawful for any person to drive a taxicab for hire in
the city without having a permit to do so pursuant to the provisions
of this chapter.
(Prior code § 6550.040)
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)
