The purpose of this chapter is to protect the public health, safety and welfare by adopting appropriate regulations in regard to taxicab transportation service as required by Government Code Section 53075.5.
(Ord. 4011 § 1, 1989)
For the purposes of this chapter, the following words and phrases shall have the meanings set forth below:
(A) "Taxicab"
means any public passenger motor vehicle engaged in the business of transportation of passengers for hire over the public streets of the unincorporated area of the County of Santa Cruz and not over a definite route, upon a fixed schedule, or for a fixed rate regardless of distance traveled. "Taxicab" shall not include a drive-yourself vehicle, hearse, ambulance or bus operated over a fixed route.
(B) "Owner"
means any person having proprietary control of (or right to proprietary control of) any taxicab.
(C) "Driver"
means any person in charge of or operating any taxicab, either as owner, agent, employee or otherwise under the direction of the owner.
(D) "License Officer"
means the Sheriff-Coroner of the County of Santa Cruz.
(E) "Appeals Hearing Officer"
means the County Administrative Officer of the County of Santa Cruz or his/her designee.
(F) "Governing Body"
means the Board of Supervisors of the County of Santa Cruz.
(G) "Seating capacity"
means the number of passengers that the vehicle is designed to carry by the manufacturer, and for which a seatbelt is provided within the vehicle.
(H) "Taximeter"
means an instrument or device attached to a taxicab by which the fare authorized for the hire of such taxicab is accurately mechanically or electronically calculated, on a basis of initial charge, distance traveled and/or waiting time, or any combination thereof, which fare shall be indicated upon such taximeter by means of legible figures in dollars and cents.
(Ord. 4011 § 1, 1989)
Except as otherwise provided in SCCC § 5.50.190, before operation of any taxicab having its principal place of business in the unincorporated area of the County of Santa Cruz, the owner and the driver thereof shall each separately apply for and be issued an owner's license and a driver's license, respectively, as provided in this chapter. An owner shall also be required to obtain a driver's license as provided in this chapter if the owner is to drive a taxicab. All applications shall be filed with the License Officer and shall be accompanied by a nonrefundable application fee in the amount established by the Board of Supervisors, by resolution. Such application fee shall be in an amount sufficient to cover the estimated cost of reviewing and investigating and otherwise processing said application, issuing the license, and conducting inspections pursuant hereto.
(Ord. 4011 § 1, 1989)
(A)
Except as provided by subsection (B) of this section, an application for a taxicab owner's license under this chapter shall be made upon such forms as may be prescribed by the License Officer, and shall contain at minimum:
(1)
The name and principal business address of each owner of the taxicab (including, for a corporation, the names of its principal officers, and, for a partnership, the names of its partners);
(2)
The trade or other fictitious business name, if any, under which each owner does business and/or proposes to do business;
(3)
The training and experience of such owner in the transportation of passengers and such owner's verified financial statement;
(4)
A description of each taxicab which will be operated as part of the owner's business, including the make, model, year of manufacture, motor and chassis number, current State license number, the length of time the taxicab has been in use, and the color scheme, insignia, name, taxicab number, and monogram or other emblem to be used to designate each taxicab proprietarily controlled by the applying owner(s) (and each of them); no vehicle shall be operated until such a statement shall have been filed with the License Officer;
(5)
A description of all equipment to be used by taxi owner in the taxicab business;
(6)
The location and description of the place or places of business (including all taxi stands) from which each owner intends to operate each taxicab;
(8)
A sworn statement that each taxicab which will be operated as part of the owner's business is in a safe operating condition, made within the preceding six months by the proprietor of a public garage engaged in auto repair, or by a mechanic licensed by the State and employed by the owner applicant, who has inspected and examined such vehicle. No vehicle shall be operated as part of the owner's business until such a statement shall have been filed with the License Officer; provided, however, that for the purposes of avoiding duplication of effort, in lieu of submitting a sworn statement, the applicant may submit written proof that each vehicle operated as part of the owner's business has been routinely and regularly inspected within the preceding one year by the California Highway Patrol. By imposing the requirements contained in this subsection, the County of Santa Cruz expressly disclaims that it is making any warranty or other assurance whatsoever as to the safety of any taxicab;
(9)
Evidence that owner applicant is the registered owner of each taxicab to be operated under the owner's license. No vehicle shall be operated as part of the owner's business until such evidence of registration has been filed with the License Officer; and
(10)
Such other information as the License Officer shall deem reasonably necessary to make a full and fair determination of compliance with this chapter.
(B)
A taxicab owner may satisfy the application requirements of this section by submitting the following:
(1)
A certified copy of a valid, current taxicab owner's license issued by a city within the County of Santa Cruz under the provisions of a taxicab ordinance which has been found by County Counsel to be in substantial conformance with the provisions of this chapter;
(2)
A certified copy of the application filed by the taxicab owner for such city license; and
(Ord. 4011 § 1, 1989)
(A)
Completed applications for a taxicab owner's license shall be filed with the License Officer who shall investigate each owner, prepare written findings thereon, and make a written determination whether to grant or deny the owner's license within 60 days after the filing of the application.
(B)
No owner's license may be granted unless the License Officer finds that the taxicab owner has met the requirements of SCCC § 5.50.040(B), or the License Officer makes each of the following findings:
(1)
Each taxicab listed in each application complies with State standards, has a fare schedule and taximeter within full view of the passenger compartment, is in clean and workable condition, is equipped with a dome light sufficient to illuminate the taxicab interior, and has the ownership emblem and a taxicab number designated by the owner posted thereon which will clearly distinguish it from taxicabs owned by others;
(2)
Each owner has the training, experience and financial responsibility to conduct work in the proposed taxicab service;
(3)
Each taxicab has in effect insurance coverage in compliance with the requirements of SCCC § 5.50.110;
(4)
Only duly licensed drivers are employed in the proposed taxicab service;
(5)
No owner has been convicted during the last three years of any felony or any crime involving moral turpitude;
(6)
The taxicab service complies with all requirements of this chapter and all other laws applicable to an owner of a taxicab or taxicab service;
(7)
A sworn statement or in lieu written proof as described at SCCC § 5.50.040(A)(8) is on file with the License Officer for each taxicab to be operated by the owner applicant; and
(8)
Satisfactory proof is on file with the License Officer that the owner applicant is the registered owner of each taxicab to be operated under the owner's license.
(Ord. 4011 § 1, 1989)
(A)
If the License Officer is unable to make one or more of the required findings for an owner's license, the License Officer shall issue a written denial of such application and no application may be filed by the same owner or owners for six months thereafter. If the License Officer makes all of the required findings, the License Officer shall issue a written decision granting the owner's license to the applicant valid for a period of three years; provided, however, that if the County license is issued based on a valid current city taxicab owner's license, the County license shall be valid for the same term as the city license. The owner to whom a taxicab owner's license is issued shall post a copy of such license in each of his/her taxicabs in full view of the passenger compartment and at the reception area of the principal place of business of the owner's taxicab service. The owner's license shall state the rated seating capacity as established by the License Officer.
(B)
Any interested party, including the owner applicant, may, upon paying the appeal fee established by resolution of the Governing Body, appeal the decision of the License Officer to deny or issue such owner's license on the basis that there is no substantial evidence to support said decision. Such appeal is required to be filed with the Appeals Hearing Officer within 10 calendar days following the License Officer's decision. The Appeals Hearing Officer shall give at least 10 days' mailed notice to the appellant, the License Officer and any other party having expressed interest in writing and shall commence a quasi-judicial administrative hearing on said appeal within 30 days after the filing of the appeal. At said hearing, the Appeals Hearing Officer shall hear evidence, presented by the appellant, the License Officer, and other interested persons and shall, on the basis of such evidence, issue a written decision, upholding, reversing or modifying the decision of the License Officer. The decision of the Appeals Hearing Officer shall be final, subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
(Ord. 4011 § 1, 1989)
(A)
Except as provided in subsection (B) of this section, an application for a taxicab driver's license under this chapter shall be made upon such forms as may be prescribed by the License Officer, and shall contain at minimum:
(1)
The name, current address and two current photographs of the applicant depicting front and side views;
(2)
The training and experience of the applicant;
(3)
The number and status of any and all State of California vehicle operator's licenses held by the applicant;
(4)
The past driving and related criminal record of the applicant; and
(5)
Such other information as the License Officer shall deem reasonably necessary to make a full and fair determination of compliance with this chapter.
(B)
A taxicab driver may satisfy the application requirements of this section by submitting the following:
(1)
A certified copy of a valid, current taxicab driver's license issued by a city within the County of Santa Cruz under the provisions of a taxicab ordinance which has been found by County Counsel to be in substantial conformance with the provisions of this chapter;
(2)
A certified copy of the application filed by the taxicab driver for such city license.
(Ord. 4011 § 1, 1989)
(A)
Completed applications for a taxicab driver's license shall be filed with the License Officer who shall investigate each driver, prepare written findings thereon, and make a written determination whether to grant or deny the driver's license within 60 days after the filing of the application.
(B)
No driver's license may be granted unless the License Officer finds that the taxicab driver has met the requirements of SCCC § 5.50.070(B), or the License Officer makes each of the following findings:
(1)
The applicant holds any and all requisite State of California vehicle operator's licenses;
(2)
The applicant has adequate training and experience to operate a taxicab in the unincorporated area of the County of Santa Cruz so as to enable the driver to transport the passenger by the most direct and expeditious route considering all factors affecting time and distance. The License Officer may develop one or more tests, to be used to determine whether this finding can be made with respect to any individual applicant. Any such tests shall be approved by the Board of Supervisors, prior to their use, and, if approved, shall be used for all applicants;
(3)
The applicant has not been convicted during the last three years of any felony or any crime involving moral turpitude, or any crime involving reckless driving, or operation of a motor vehicle under the influence of alcohol, narcotic or other controlled substance; and
(4)
The applicant has complied with all requirements of this chapter and all other laws applicable to taxicab drivers.
(Ord. 4011 § 1, 1989)
(A)
If the License Officer is unable to make one or more of the required findings for a driver's license, the License Officer shall issue a written denial of such application and no such application may be filed by the same driver for three months thereafter. If the License Officer makes all of the required findings, the License Officer shall issue a written decision granting a driver's license to the applicant valid for three years; provided, however, that if the County license is issued based on a valid current city taxicab driver's license, the County license shall be valid for the same term as the city license. The driver to whom a taxicab driver's license is issued shall post a copy of such license in the taxicab he/she is operating in full view of its passenger compartment. The driver's license shall include one of the current photographs submitted with the application.
(B)
Any interested party, including the applicant driver, may, upon paying the appeal fee established by resolution of the Governing Body, appeal the decision of the License Officer to deny or issue such driver's license on the basis that there is no substantial evidence to support said decision. Such appeal is required to be filed with the Appeals Hearing Officer within 10 calendar days following the License Officer's decision. The Appeals Hearing Officer shall give at least 10 days' mailed notice to the appellant, the License Officer and any other party having expressed interest in writing and shall commence a quasi-judicial administrative hearing on said appeal within 30 days after the filing of the appeal. At said hearing, the Appeals Hearing Officer shall hear evidence presented by the appellant, the License Officer and other interested persons and shall, on the basis of such evidence, issue a written decision upholding, reversing or modifying the decision of the License Officer. The decision of the Appeals Hearing Officer shall be final, subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
(Ord. 4011 § 1, 1989)
(A)
Subsequent to issuance of a taxicab owner's license under this chapter, the License Officer shall cause inspection of each licensed taxicab service whenever he/she deems it necessary, and no less frequently than once every year; provided, however, that the taxicab owner may satisfy the inspection requirements of this section by submitting a certified copy of an inspection report of a city License Officer under the provisions of a taxicab ordinance which has been found by County Counsel to be substantially in conformance with the provisions of this section. Such periodic inspections shall be in addition to any other vehicle inspections required under law, and shall not excuse compliance with requirements of any law. The inspection shall review whether the taxicab service remains in compliance with all requirements of this chapter and all other laws applicable to an owner of a taxicab or a taxicab service, including (without limitation) ascertainment that:
(1)
Fare schedules, taximeters and written policies specifying the taximeter start/stop procedures are within full view of the passenger compartment and are accurate;
(2)
All drivers are currently licensed with a valid license approved by the License Officer and the taxicab owner's license and the taxicab driver's license are posted in each taxicab within full view of the passenger compartment;
(3)
All taxicabs are entirely maintained in compliance with State standards and are in clean condition and equipped with clean, removable floor mats;
(4)
All taxicabs are equipped with a dome light sufficient to illuminate the taxicab interior;
(5)
All taxicabs are operated within the rated seating capacity established by the License Officer;
(6)
All taxicabs, equipment and premises are properly labelled by the owner's ownership emblem and taxicab number as designated in the application for owner's license;
(7)
No taxicab owner has been convicted within the last three years of any felony or crime of moral turpitude; and no taxicab driver has been convicted within the last three years of any felony or crime of moral turpitude, or any crime involving reckless driving or operation of a vehicle under the influence of alcohol, narcotic or other controlled substance; and no taxicab driver has failed to maintain current any and all requisite State of California vehicle operator's licenses.
(B)
When performing an inspection under this section, the License Officer shall prepare a written report of the results of his/her inspection and shall send a copy thereof to the applicable owner(s).
(C)
The contents of an inspection report may be considered by the License Officer with respect to any license renewal, suspension, revocation or termination.
(Ord. 4011 § 1, 1989)
(A)
No taxicab owner's license shall be issued under this chapter nor shall any license be valid after issuance, nor shall any taxicab be operated within the unincorporated area of the County of Santa Cruz unless there is at all times in force and effect the following insurance coverage for each taxicab proprietarily controlled by the applying owners, and each of them. Such insurance coverage shall be issued by an insurance company licensed to do business in the State and shall provide coverage for all damages for which an owner or licensee may be found liable due to bodily injury or property damage resulting from ownership, operation, maintenance or other use of or defect in any taxicab. Minimum coverage on each taxicab shall not be less than that established by the Governing Body by resolution adopted from time to time. Before any action on insurance coverage is taken by the Governing Body, each person holding a taxicab owner's license within any jurisdiction in the County of Santa Cruz shall be given 10 days' mailed written notice thereof and an opportunity to be heard by the Governing Body. In establishing the required minimum insurance coverage, the Governing Body shall take into consideration any recommendation made by the Santa Cruz County Transportation Commission.
(B)
Insurance policies shall be submitted to the License Officer for approval prior to issuance of each taxicab license. Satisfactory evidence that such insurance is and shall at all times remain in force and effect during the license term shall be furnished to the License Officer in such form as the License Officer may specify.
(C)
Every insurance policy required under the provisions of this chapter shall contain a provision for continuing liability to the full amount notwithstanding any recovery thereon, for continuing liability to the full amount notwithstanding insolvency or bankruptcy of the insured, and for continuing liability to the full amount notwithstanding nonpayment of a premium, failure to renew the license, or any act or omission of the insured, unless and until such policy is cancelled.
(D)
Every insurance policy required under the provisions of this chapter shall be for occurrences during the period to be covered by the taxicab owner's license. The insurer shall include in the insurance policy a provision for no less than 30 days' written notice to the License Officer and to the insured before cancellation or termination of the policy or reduction of the coverage or policy limits. The cancellation or termination of a policy or reduction of coverage or policy limits shall automatically revoke and terminate the taxicab owner's license issued pursuant to this chapter unless an insurance policy complying with the provisions of this chapter is in effect at the time of such cancellation, termination or reduction of coverage or policy limits.
(Ord. 4011 § 1, 1989; Ord. 4121 § 1, 1991)
Renewal of any license issued pursuant to this chapter shall upon expiration or revocation require conformance with all of the requirements of this chapter for original licensing except that an owner's license may be renewed without a new finding of public convenience and necessity and by completion of a post-issuance inspection under SCCC § 5.50.100.
(Ord. 4011 § 1, 1989)
(A)
The License Officer is hereby authorized to suspend or revoke any taxicab owner's license or taxicab driver's license for failure to comply with the provisions of this chapter or to comply with any other applicable law. The License Officer shall suspend or revoke a taxicab owner's license or taxicab driver's license only after notice to the party affected, reasonable time for compliance and hearing thereon. The licensee shall be afforded a hearing commencing within 30 days after notice of intention to suspend or revoke is served by mail or in person on the licensee. Within 10 business days after conclusion of such hearing the License Officer shall issue written findings and a decision as to suspension and revocation.
(B)
Any interested party, including the applicant owner and/or driver, may appeal the decision of the License Officer to suspend and/or revoke such owner's and/or driver's license on the basis that there is no substantial evidence to support said decision. Such appeal is required to be filed with the Appeals Hearing Officer within 10 calendar days following the License Officer's decision. The Appeals Hearing Officer shall give at least 10 days' mailed notice to the appellant, the License Officer and any other party having expressed interest in writing and shall commence a quasi-judicial administrative hearing on said appeal within 30 days after the filing of the appeal. At said hearing, the Appeals Hearing Officer shall hear evidence presented by the appellant, the License Officer and other interested persons and shall, on the basis of such evidence, issue a written decision upholding, reversing or modifying the decision of the License Officer. The decision of the Appeals Hearing Officer shall be final, subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
(C)
Upon service by mail or in person of a final administrative decision ordering suspension of revocation of a taxicab owner's license, such owner's taxicab service in the unincorporated area of the County of Santa Cruz shall cease immediately. Upon service by mail or in person of a final administrative decision ordering suspension or revocation of a taxicab driver's license, such driver shall immediately cease to operate a taxicab in the unincorporated area of the County of Santa Cruz.
(D)
Nothing in this chapter shall preclude immediate suspension by the License Officer of a taxicab owner's license or a taxicab driver's license upon determination by the License Officer that the public health and/or safety so requires.
(Ord. 4011 § 1, 1989)
Neither a taxicab owner's license, nor a taxicab driver's license issued under the provisions of this chapter shall be transferable or assignable in any manner whatsoever.
(Ord. 4011 § 1, 1989)
On or before March 1, 1991, each taxicab owner shall file with the Clerk of the Board of Supervisors a schedule of the rates and fares, together with a taximeter start/stop policy, for the taxicab operation of the owner. Each taxicab owner shall file a revised schedule of rates and fares and revised taximeter start/stop policy at least 30 days prior to the effective date of any change, and no taxicab owner shall revise the schedule of rates and fares or taximeter start/stop policy more frequently than every six months. Each taxicab owner shall post a copy of the current registered schedule or rates and fares and taximeter start/stop policy in a conspicuous location in the passenger compartment of each of the owner's taxicabs.
(Ord. 4011 § 1, 1989; Ord. 4121 § 2, 1991)
No taxicab owner shall drive or operate any taxicab except pursuant to approved rates and fares shown on the schedule of rates and fares and taximeter start/stop policy registered with the County in accordance with the provisions of SCCC § 5.50.150, and each taxicab shall be equipped with an operative and accurate taximeter which displays the rate charged and the running total of each fare in full view of the passenger compartment in each taxicab.
(Ord. 4011 § 1, 1989; Ord. 4121 § 3, 1991)
Public taxi stands may be provided for the use of licensed taxicabs. The Governing Body is authorized to establish such stands alongside the curb of any public street or alley within its jurisdiction. Any taxicab stand so established by the Governing Body shall be for the use by taxicabs owned only by persons holding a taxicab owner's license.
(Ord. 4011 § 1, 1989)
(A)
Soliciting Passengers. No driver of a taxicab shall solicit passengers. All services are to be available only upon telephone call, engagement when parked at a regular stand, or when hailed from the street, sidewalk or curb, and not otherwise.
(B)
Receipt. Every driver shall, upon request, give a correct receipt upon payment of the fare.
(C)
Exclusive Right to Use. When a taxicab is engaged, the passengers having so engaged it shall have the exclusive right to the full and complete use of the passenger compartment, and no driver shall solicit additional passengers therein, nor shall any driver carry any additional passengers therein, unless the person or persons originally engaging the taxicab shall consent thereto.
(D)
Refusal to Serve. No driver shall refuse or neglect to convey any orderly person or persons upon request, unless previously engaged or unable or forbidden by provisions of this chapter to do so.
(E)
Boarding and Discharge of Passengers. No passenger shall be received or discharged in the roadway, but each driver shall pull his taxicab up to the right-hand curb as nearly as possible, except on one-way streets, where passengers may be discharged at either the right- or left-hand side of the roadway.
(F)
Direct Route. Each driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to such destination, considering all factors affecting time and distance.
(G)
Obstructing Street Traffic. It is unlawful for any driver operating a taxicab to obstruct a street or other traffic in the course of receiving or discharging passengers.
(H)
Taxicab Service. In addition to the specific provisions set forth in this chapter, all owners shall render an overall service to the public desiring to use taxicabs, and shall maintain a central place of business and keep the same open during those days and times as specified in the owner's license, for the purpose of receiving calls and dispatching cabs. Each licensed owner shall, when the business is required to be open, answer all the calls received for services in the unincorporated area of the County of Santa Cruz as soon as he/she can reasonably do so, and if such services cannot be rendered within a reasonable period of time he/she shall then notify the prospective passenger how long it will be before the call can be answered and the reason therefor. Any owner who shall refuse to accept a call anywhere in the unincorporated area at any time that such owner has cabs available, or shall further refuse to give service as required by this chapter, shall be deemed to be a violator hereof and any license granted may be revoked or suspended at the discretion of the License Officer.
(Ord. 4011 § 1, 1989; Ord. 4519 § 2, 1998; Ord. 4537 § 3, 1999; Ord. 4637 § 2, 2001)
It shall be unlawful and a violation of this chapter to own or operate a taxicab in the unincorporated area of the County of Santa Cruz absent prior compliance with the provisions of this chapter; provided, however, that persons who are otherwise lawfully operating a taxicab in the unincorporated area of the County, as of the effective date of the ordinance codified in this chapter, shall not be required to comply with the provisions of this chapter until 120 days have elapsed after the effective date.
(Ord. 4011 § 1, 1989)
(A)
Any person or entity, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor or an infraction (chargeable in the discretion of the District Attorney), and upon conviction thereof shall be punishable in accordance with law, but in the event of an infraction by a fine of not more than $500.00. Each separate day or portion thereof during which any violation occurs or continues without good faith effort by the responsible party to correct the violation shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as provided in this section.
(B)
In addition to the above-described penalties, any taximeter which is found by the License Officer to be inaccurate to the prejudice of passengers shall cause the taxicab in which it is located to be ordered out of service until equipped with a taximeter determined to be accurate by the Department of Weights and Measures of the County of Santa Cruz.
(Ord. 4011 § 1, 1989)
It shall be the duty of the License Officer to enforce the provisions of this chapter. The License Officer is hereby authorized to arrest a violator without a warrant on the basis of reasonable cause to believe that the party has committed an infraction in the presence of the License Officer or his/her deputy which is a violation of the provisions of this chapter. Upon making such an arrest, the License Officer or his/her deputy shall prepare a citation and release the party arrested pursuant to Section 853.6 of the California Penal Code, the provisions of which are adopted by reference as a part of this section. It shall be the discretionary duty of the District Attorney to enforce the criminal sanctions provided by this chapter. Any violation of this chapter shall also be deemed a public nuisance and it shall be the discretionary duty of the County Counsel to enforce all civil sanctions available under law, including (without limitation) abatement and enjoinment thereof. The enforcement remedies provided in this section shall be cumulative and not exclusive.
(Ord. 4011 § 1, 1989)