HomeMy WebLinkAboutORD 03 (1995)D. "Driver's permit" shall mean the identifying card issued by the City to each driver
after investigation and upon the recommendation of the Sheriffs Department. The driver shall ---
immediately surrender the driver's. permit to the City upon termination of automobile for hire or
taxicab services within the City.
E. "License" shall mean a business license issued by the City Clerk authorizing the
operation of automobile(s) for hire and taxicab(s) within the City.
F. "Licensee" shall mean the individual or entity holding a valid license.
G. "Street" shall mean and include the portion of any public street, road, highway,
freeway, lane, alley, sidewalk, parkway or public place which now exists or which may hereafter
exist within the City.
H. "Taxicab" means a motor -propelled vehicle of a distinctive color regularly engaged
in the business of carrying passengers for hire at rates fixed by a taximeter in accordance with the
distance traveled, the time elapsed or both.
I. "Taxicab Services" shall mean a business which provides taxicabs for transportation
service to persons within the City.
J. "Taximeter" shall mean and include a device that automatically calculates a
predetermined rate or rates for the distance traveled, the time elapsed or waiting time, or both.
A. License. No person or entity may operate an automobile for hire or taxicab
service within the City, where such service originates within the City, without obtaining and
paying for an automobile for hire or taxicab license. All licenses issued pursuant to this chapter
must be posted in a conspicuous place at the location from which the licensee conducts the
automobile for hire or taxicab business operations.
B. Driver's Permit.
1. No driver may operate an automobile for hire or taxicab into which
passengers are accepted for transportation within the City without first obtaining, and paying all
applicable fees for, a driver's permit.
2. No driver shall operate an automobile for hire within the City unless a
driver owns, is employed by, or is associated with a licensee of an automobile for hire or taxicab.
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C. Vehicle Permits.
1. Every automobile for hire or taxicab licensee is required to apply for and
obtain from the City Clerk a vehicle permit and pay the required fees therefor for every
automobile for hire or taxicab in its service into which passengers are accepted for transportation
originating within the City. A Certificate of Insurance meeting the requirements of Section
5.129.030H shall be submitted by the licensee with the vehicle permit application.
2. Every automobile for hire or taxicab licensee is required to affix its vehicle
permit on the rear windshield of the automobile for hire or taxicab so that it is clearly visible
from outside the vehicle. If, because of the presence of other stickers required by law, the
sticker cannot be placed on the rear windshield, the sticker shall be attached to the vehicle in a
conspicuous location, as close as possible to the windshield and in a clearly visible from outside
the vehicle.
D. Driver's Permits, Vehicle Permits and Licenses - Duration. Driver's permits and
licenses issued to automobiles for hire or taxicabs shall be valid for one year from the date of
issuance, and all three may be on an annual basis by the City Clerk, unless either the license or
driver's permit is revoked by the City Council
A. Application Information. Every application for an automobile for hire or
taxicab license shall be signed by the applicant and shall contain the following information:
1. The legal name and actual street address of the applicant. If the applicant
is a corporation, the name shall be exactly as set forth in its articles of incorporation.
Additionally, the names and addresses of all directors, any stockholder holding ten (101/6) percent
or more of the shares of the corporation, and the name and address of an officer who is duly
authorized to accept service of legal process shall be included. A corporate applicant shall also
provide a Certificate of Domestic Stock Ownership. If the applicant is a partnership, the names
and addresses of each general partner shall be stated. If one (1) or more of the partners is a
corporation, the provisions of this subsection pertaining to it corporate applicant shall apply. If
the applicant is a cooperative, member stock -type operation, service organization, or association,
the application shall include the names, addresses and business phone numbers of each of the
officers, directors and each stockholder owning any portion of any stock of organization or
association as well as the address to which notice, when required, is to be sent or mailed, and the
of every Individual authorized to accept serviceofprocess on behalf of the applicant.
2. The street address from which the applicant conducts or will conduct the
automobile for him or taxicab service business, as well as the location at which the vehicles will
be garaged and where dispatch will be conducted. A person may not use a post office box,
mailbox, message service, or other similar device as the actual street address of the business for
purposes of this chapter. A post office box, mailbox, message service or other similar device can
be used as the mailing address of the business for business purposes only.
3. If the automobile for hire or taxicab service is advertised to the public and
operates under a name other than the name of the applicant, that name shall be included, The
applicant shall give, all fictitious business names. used in Los Angeles County In the last five (5)
years.
4. A public convenience and necessity proposal which must contain the
following information:
a. Provisions demonstrating the need and necessity of an automobile for
hire or taxicab service, including an estimate of the need for the automobile for hire or taxicab
service in the City. This shall include, but not be limited to, any survey, study or other
preparation of facts which demonstrates the need for a taxicab service in such operating area;
b. The history of the organization, and the manner in which it is
organized including, without limitation, the date of formation, the business commencement
date(s) and all business locations in California during the last five (5) years;
c. Proof of insurance meeting the requirements of paragraph H of this
Section;
d. Type of radio dispatch proposed;
e. The color scheme, logo and insignia of the taxicabs used for
taxicab services;
f. Proof of participation in equal opportunity Employment;
g. Proof of participation in a senior assistance program (such as
coupon or voucher programs), the City's Dial -A -Cab program and any other City sponsored
community service and/or transportation programs (such as programs designed to eliminate
drunk driving), if the City so requires of the particular licensee;
h. Evidence of the applicant's financial responsibility. Evidence shall
include last year's Federal Income Tax Return and Schedule C (for sole proprietors), a certified
financial statement (for corporations, partnerships or associations) where there is no tax return or
where the tax return does not accurately depict the applicant's financial condition, and if securing
financing for more vehicles, then the agreements entered into for car sales or leases;
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L The date, description and outcome of all enforcement actions
(whether administrative or judicial) which any governmental or law enforcement entity in
California has initiated or taken against the applicant in the last five (5) years; and
j. The names and addresses of all automobiles for hire or taxicab
businesses of any form in which the applicant owns, or has owned any beneficial interest in the
last five (5) years.
5. The number of automobiles for hire or taxicabs proposed to be operated in
the City, their make, model, year, and passenger capacity, suitability for transporting people with
disabilities, license plate number, and the total number of taxicabs presently operated by the
applicant.
6. An explanation of how the licensee will provide service to people with
disabilities which make it difficult to use conventional taxicabs.
7. The name, address and phone number of the applicant's insurance
company as well as the policy numbers and a description of of the kind and amount of liability,
including common carrier, workers' compensation, automobile, or other insurance held by the
applicant, as applicable.
8. Service standards the applicant will provide for the area in which he or she
will operate, including but not limited to, the estimate of response time between placement of it
telephone order and the arrival of the dispatched vehicle.
9. The names, addresses and telephone numbers of no less than two (2)
individuals who may be contacted twenty-four (24) hours a day, seven (7) days a week by the
City in case of an emergency.
10. Such further information pertinent to the operation of the proposed taxicab
service, including but not limited to the business backgrounds of the officers and directors, the
business' financial statements, and lease arrangements as either the City Clerk, the City Council,.
or the Sheriff may require.
11 . Any other information that the City Clerk or the City Council deems
necessary.
B. Submission of Application. Upon receipt of an application for a license and the
required fees therefor, staff shall review the application to determine that it is complete. An
application which is not complete shall be returned to the applicant along with a list of the
deficiencies. The application shall be deemed abandoned if, within ten (10) calendar days from
first class mailing of any notice from the City, the application is not received by the City with all
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of its defects entirely corrected. Once an application is determined to be complete, it shall be
filed and accepted for processing and review.
C. Investigation. Once an application is filed, and the applicant pays the required fees
therefor, the City Clerk shall initiate an investigation of facts for the application with the
appropriate City and County agencies including but not limited to the County Sheriffs
Department..
D. Review and Approval.
1. Responsibility. The City Council shall be responsible for hearing and
determining applications for automobiles for hire and taxicab licenses.
2. Preconditions to Approval. Before any automobile for hire or taxicab license
is approved pursuant to this chapter, the City Council shall ensure that the applicant has agreed to
abide, by all of the conditions and restrictions contained in the license, or imposed pursuant to
this chapter.
E. Notice and Hearing
1. Notice. Upon receipt of a fully completed and executed application with
all required supporting documentation, a notice of the prior to the hearing in the following
manner:
a. Notice of the hearing shall be posted at the three (3) legal posting
places and shall include the time, place and date set for hearing as well as the name of the
automobile for hire or taxicab applicant whose application is under consideration.
b. Notice of the hearing shall be sent to the applicant by certified mail,
return receipt requested.
2. Hearings. The City Council shall have the authority to hold all hearings
otherwise required of it under this chapter. Such hearings shall be held as follows:
a. Testimony. At the time get for hearing, or at the date to which the
hearing may be continued, the City Council shall hear the applicant, who may present any facts
to show why the license should be granted, and shall hear testimony from all other interested
persons who attend the hearing to present reasons why the license should be granted or not.
b. Writings. Any person interested, at any time after the filing of an
application and before the close of the public hearing regarding such application, may file written
letters of support or protest, for or against the granting of such application. The City Council, in
considering the application, shall give consideration to all such documents go filed.
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_ F. Grounds for Denial. The City Council shall not approve an application for an
automobile for hire or taxicab license if any of the following findings are made:
1. The building, structure, premises or the equipment used to conduct the
automobile for hire or taxicab service activity is located within the City and fails to comply with
all applicable health, zoning, fire, building and safety laws of the State of California or of the
City.
2. The applicant has made my false, misleading or fraudulent statement of
material fact in the application for the license.
3. The business is prohibited by any local or state law, statute, rule or regulation,
or prohibited in the particular location or zone by any law, statute, rule or regulation.
4. The applicant is found to have committed a crime involving moral turpitude
which is substantially related to the business activity for which the license is being sought.
5. The applicant, his or her agent or employee, or any person connected or
associated with the applicant as a partner, director, officer, stockholder, associate or manager, has
committed, assisted in, or incited the commission of, any act or act of omission which would be
grounds for disciplinary action pursuant to this chapter if committed by a licensee.
6. The level of service proposed is inadequate to serve the public.
7. The granting of the license is not justified by public convenience and
necessity. In making this determination, the City Council my take into account all facts which it
deems pertinent and proper, which shall include, without Imitation, whether:
a. The applicant has complied with all of the provisions of the City's
Municipal Code;
b. The applicant is financially responsible and under efficient
management;
c. The applicant is capable of providing safe and prompt taxicab
service, twenty-four (24) hours daily;
d. The proposed insignia and color scheme for the applicant's taxicabs do
not conflict with any existing taxicab licensee operating within the City so as to deceive or tend
to deceive the public. Upon such finding, the applicant amend such application to designate a
different color scheme or insignia;
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e. The applicant has presented evidence sufficient to justify operation of a
specified number of taxicabs in the City;
f. The applicant has sufficient liability insurance coverage to operate a
taxicab service;
8. The applicant has failed to procure, post or maintain in effect approved
comprehensive automobile liability insurance as required by paragraph H, below.
9. The applicant has a poor safety record with respect to the operation of the
automobile for hire or taxicab service within the City or other operating areas outside of the City.
10. The applicant has a record of complaints filed with the City or other agencies
in connection with his or her operation of an automobile for hire or taxicab service.
11. The vehicles which the applicant proposes to use in connection with the
automobile for hire taxicab service are in poor or inadequate operating condition.
12. The establishment of the automobile for hire or taxicab service will be
detrimental to the public health, safety or welfare.
13. The applicant, or any of his or her employees or agents, has violated any rule
or regulation adopted by any governmental entity with respect to the applicant's operation of an
automobile for hire or taxicab service in other operating areas or within the City.
G. Effect of Denial; Limitation on New Applications. If an applicant s license has
been denied, the City Clerk shall not process a new application by that applicant for a twelve (12)
month period after the denial unless the City Clerk determines that the reason for the denial has
been cured and no longer exists.
H. Licensee's Insurance.
1. The City Clerk shall not issue an automobile for hire or taxicab license
until the City Council has approved the application for license and until the applicant has filed
with the City Clerk proof of the automobile liability insurance required by this subsection for
each automobile for hire or taxicab to be operated within the City.
2. Every licensee shall obtain and maintain in full force and effect separate
commercial automobile liability insurance for each vehicle proposed to be operated in connection,
with the automobile for hire or taxicab service meeting the following requirements:
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a. The policy insurer must be either a carrier licensed by the State of
California to sell commercial automobile liability in the State of California and be a member of
the California Insurance Guarantee Fund, or maintain an AM Best rating of "A" or better for
nonadmitted carriers (with proof of licensing or rating to be provided by applicant).
b. The policy shall be written with policy limits of (1) not less than one
million ($1,000,000) dollars combined single limit per occurrence or (2) not less than one million
($1,000,000) dollars per person, one million ($1,000,000) dollars per accident, and one million
($1,000,000) dollars for property damage.
The policy shall be primary and not contributing to any other insurance
maintained by the City;
d. The policy shall name the City, the City Council, its officers, agents,
and employees as additional insureds;
e. The policy shall provide the City Clark with thirty (30) days' prior
notice of any cancellation or modification of the policy.
3. Indemnification. As a condition of the license, the licensee agrees to
indemnify, defend, and save harmless the City, its agents, officers and employees from and
against any and all liability, expense, including defense costs and legal fees and claims for
damages of any nature whatsoever, including, but not limited to, bodily injury, dam, personal
injury, or property damage arising from or connected with the licensee's activities; including any
worker's compensation suits, liability or expense, arising from or connected with services
performed by or on behalf of licensee by and person pursuant to this license.
4. Any licensee who fails to have in effect of who fails to maintain the required
automobile insurance coverage and shall have the license under which the automobile for hire or
taxicab is operating suspended for a period not to exceed fifteen (15) days pending revocation
proceedings pursuant to paragraphs E and M of this Section.
I. Conditions of Approval.
1. Right to Condition License. The City Council may condition any license at
any time in order to ensure that the automobile for hire or taxicab operation will comport with
the public health, safety, and welfare. Further, the City Council may condition such license
where it finds that grounds for denial or revocation of the license exist or that the manner in
which the business has been conducted or operated is detrimental to the public health, safety and
welfare. The licensee shall sign an affidavit affirming his or her acceptance of the conditions.
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.2. Application to Change Conditions. The City Council may change, modify or
eliminate any conditions previously placed on the license upon its own motion or upon written
request of the license if it finds that the reasons for the original imposition of such conditions
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have been cured or no longer exist. Applications to change conditions shall be noticed and set
for public hearing in a manner consistent with paragraph B of this Section.
J. Transfers. No license issued under the chapter shall be sold, transferred, assigned,
mortgaged or otherwise conveyed without the consent of the City Council, and any sale, transfer,
assignment, mort gage or otherwise conveying any such license without consent and approval of
the City Council shall render the license automatically void.
K. License Contents.
1. The City Clerk, in issuing a license under this chapter, shall specify the
following information in every automobile for hire or taxicab license:
a. The number of automobiles for hire or taxicabs the licensee is licensed
to operate within the City;
b. The rates which the automobile for hire or the taxicab licensee shall
charge,
c. If an automobile for hire or a taxicab's response time for service which
the automobile for hire or taxicab licensee must meet under normal conditions; and
d. Any other conditions imposed on the license by the City Council.
2. The licensee shall sign an affidavit regarding his or her acceptance of the
conditions.
L. Operating Requirements.
1. Rates.
a. Establishment of Rates. The rate schedule for automobiles for hire and
taxicab services shall be established by resolution of the City Council from time to time.
b. Posting Requirements. Every taxicab operated pursuant to a license
issued pursuant to this chapter shall display in full view of passengers in both the front seat and
the rear seat, in letter and figures which are clearly legible and not less than one-quarter (1/4")
inch high (1) a schedule of rates to be charged, and (2),a notice that a schedule of customary rates
from the City major points of interest is available`on-request. The schedule shall have printed
thereon the name of the taxicab licensee under which the taxicab is permitted to operate and the
business address and telephone number where comments or complamts regarding the taxicab
service may be directed.
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2. Equipment Requirements.
a. Automobiles for hire equipment.
(1) A trunk device which will permit the opening of the trunk lid
from the inside of the trunk;
(2) A permanent fixture to display the taxicab driver's permit in
prominent view of the passengers;
(3) prominent signs giving the name and telephone number of the
taxicab licensee and the taxicab number on the sides of the taxicab. The taxicab number shall
also be conspicuously displayed on the rear portion and inside the taxicab;
(4) No fewer than four (4) working doors, except that handicapped
accessible mini -van may be used;
(5) A fire extinguisher;
(6) Four (4) flares;
(T) At least two (2) emergency reflectors;
(8) Spare fire and jack;
(9) Windows which patrons can open from inside and;
(10) Working headlights, taillights, turn -signals, back-up lights,
and brake lights, including the "cyclops" or third brake light, if the car has been manufactured in
1988 or later.
b. Taxicab Equipment. In addition to the equipment requirements of
Subsection (a) above, every taxicab into which passengers are accepted for transportation within
the City shall have the following equipment: -
(1) A taximeter, as defined in this chapter;
(2) A radio transmitter and receiver capable to two (2) way
communication with a dispatcher;
(3) Legible signs posted inside and outside the taxicab to notify
persons that the driver carries only five dollars ($5.00) in change on his or her person;
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(4) Locked box for the safekeeping of payments for fares in excess
of five dollars ($5.00.). .__.
3. Prohibited Equipment. No automobile for hire or taxicab shall be equipped
with scanners or other devices which can be used to intercept radio signals and dispatches sent to
specific destinations.
4. Taximeters. Every taximeter shall be of such type and design as has been
accepted by the California Department of Agriculture, and shall be maintained at all times in
accordance with standards of accuracy established by the Department. Every taximeter shall be
placed so that the reading dial showing the amount to be charged shall be well lighted and readily
discernible at all times by passengers riding in the taxicab. The taxicab licensee shall have all
taximeters tested by the County Department of Weights and Measures for accuracy in accordance
with the procedure of the Department, and shall report the results in writing to the City Clerk
within thirty (30) days after such testing.
5. Equipment Waiver Conditions. Notwithstanding the provisions of this
chapter, the City Council, following application, notice and public hearing as provided for in this
chapter, may waive any equipment requirement upon a showing of good cause by any applicant
or licensee. Such waiver shall be specified on the licensees license and any applicable vehicle
permit.
6. Vehicle Inspection. Every automobile for hire or taxicab licensee shall
perform a yearly inspection of all vehicles operating within the, City as part of his or her
automobile for hire or taxicab service. Such inspection shall be made by a certified automotive
repair dealer. Each automobile for hire or taxicab licensee shall provide the City with written
confirmation, signed by that repair dealer, that the vehicles have been inspected and am in good
working order within ten (10) days of the Inspection. Automobiles for hire or taxicabs which
have been inspected pursuant to the requirements of the City or County of Log Angeles taxicab
regulations may submit proof of such inspections in lieu of the inspection required herein.
7. Information to City Clerk, the City Clerk's designee or the Sheriff. Upon
request, every automobile for hire or taxicab service licensed under this chapter shall inform the
City Clerk, the City Clerk's designee or the Sheriff or any duly authorized peace officer of the
names, addresses, and the sources of all drivers' permits or vehicle licenses, of all taxicab drivers
which such taxicab licensee employs, names or is otherwise connected, The automobile for hire
or taxicab licensee shall also keep records of all service provided to residents within the City.
This information shall, upon request, be available for inspection by the City Clerk, the City
Clerk's designee or the Sheriff for a period of at least six (6) months.
a.
8. Taxicab Drivers - License Preconditions. A taxicab licensee shall not permit
any person to operate a taxicab authorized under his or her taxicab license unless such person has
in his or her possession a valid driver's license issued by the State of California Department of
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Motor Vehicles and a current taxicab driver's permit in accordance with the provisions of this
chapter.
M. Revocation.
1. Modification, Suspension or Revocation. Any license issued by the City may
be conditioned, modified, suspended or revoked for cause by the City Council pursuant to
paragraphs of I and N of this Section.
2. Revocation - Notice to Licensee or Permittee. If the City Clerk determines
that a hearing to condition, modify, suspend or revoke a license is wan -anted, notice of the
hearing shall be given in a manner consistent with paragraph E of this Section.
3. Procedure of Revocation Hearing.
a. Right to Witnesses. The licensee'or legal representative of licensee
shall have the right to bring witnesses to testify on his or her behalf.
b. Rules of Evidence. Hearings need not be conducted according to
technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or
affirmation.
c. Decision. The City Council shall issue its decision by written decision.
The decision shall contain a determination of the issues presented. Alternatively, the decision is
effective (i) immediately if the licensee or his or her designated representative is present when
the decision is rendered; (ii) immediately from personal service of a notice of a decision upon the
licensee or his or her representative; (iii) five (5) days from the first class mailing of a notice to
the licensee at his or her designated place of business.
It is unlawful for any person to operate an automobile for hire or taxicab
service with a revoked or suspended license or in violation of any condition.
It is the duty of the licensee to advise each driver of any City Council
decision in writing within seventy-two (72) hours of its effective date. Records of the licensee -
driver notices shall be maintained and available for inspection for six (6) preceding months. The
licensee shall be fiuther required not to allow any driver to operate a cab in violation of any
condition. or at all where the license has been revoked or suspended.
4. Effect of Revocation.
a. No application or license fee refunds shall be issued to any licensee
upon revocation of a business license.
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b. Upon revocation of any license for cause under this chapter, no license
to operate the same business activity shall be granted to the licensee within one (1) year after
such revocation,
c. Upon revocation or suspension of license, the licensee shall cease
operation of the automobile for hire or taxicab service in the City. Except as otherwise provided,
in the event that the license is suspended, the licensee may resume operation once the suspension
period has expired.
N. Grounds for Revocation. After public hearing, the City Council may condition,
modify, suspend or revoke a license if the City Council finds that any of the following conditions
exists:
1. That the building, structure, or equipment used in the conduct of the business
does not comply with or fails to meet any health, zoning, fire, and building and safety laws of the
State of California or the ordinances of the City:
2. That the licensees, employees, agents or manager have violated any federal or
state statute or any ordinance of the City's Municipal Code resulting from any act performed in
the exercise of any rights permitted by the issuance of the license which is being considered for
revocation;
3. That the licensee has been found to have committed a crime of moral turpitude
which bears a substantial relationship to the conduct of the automobile for hire or taxicab
business activity whose license is being considered for revocation.
4. That the licensee has knowingly made any false, misleading or fraudulent
statement of material fact in the application for a license, or in any report or record to be filed
with the City Clerk or the City Council.
5. That the licensee, licensee's employee, agents or manager have violated any
provision of Federal or State law or any provision of the City's Municipal Code or of any other
statute, rule, regulation or condition relating to the licensed activity;
6. That the level of service provided by the licensee is inadequate to serve the
City;
7. That the license is not justified by public convenience and necessity;
8. That the color scheme or insignia used by the licensee is so similar to that of
another taxicab licensee that its use will tend to deceive or confuse the public;
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9. That the licensee has failed to satisfy all conditions of the City's "Dial -A- Cab"
program or any other City sponsored transportation program, if applicable to the particular
licensee;
10. That the licensee has a poor safety record with respect to the operation of his
or her automobile for hire or taxicab service in the City or in other areas in which it operates an
automobile for hire or taxicab;
11. The licensee has a record of complaints filed against it with the City or with
other agencies in connection with his or her operation of an automobile for hire or a taxicab
service;
12. The vehicles which the licensee uses in connection with the automobile for
hire or taxicab service are in poor or inadequate operating condition; or
13. That the licensee has conducted the automobile for hire or taxicab service in a
manner contrary to the public peace, health, safety and general welfare of the public.
0. Emergency Temporary Suspension of Automobile for Hire or Taxicab License.
Where the conduct or activity of the licensee creates an imminent peril to the public health,
safety or welfare, the license may be summarily suspended by the City Clerk upon written notice
_ to the permittee stating the basis for the suspension. Alternatively, the notice may be considered
having been given in a manner consistent with Section 5.128.03OM(3xc) of this chapter, except
that 5.128.03OM(3xc)(iii) shall not be included. Any temporary emergency suspension pursuant
to this paragraph shall not exceed fifteen (15) days pending a hearing in a manner consistent with
Sections 5.128.030E and 5.128.030M of this chapter.
I111110-71TWor
A. Application Information. Every application for a driver's permit shall be signed by
the. applicant and shall contain the following information:
1. A photograph and the fingerprints of the applicant;
2. Proof of current valid California drivers license;
3. Proof that the applicant is at least eighteen (18) years of age;
4. Written documentation from a licensed automobile for hire or taxicab
licensee that the applicant will be hire or is employed as a driver upon issuance of a driver's
permit.
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B. Submission of Application. Upon receipt of an application for a driver's permit and
the required fees therefor, City staff shall review the application to determine that it is complete.
An application which is not complete shall be returned to the applicant along with a list of the
deficiencies. The application shall be deemed abandoned if, within ten (10) calendar days from
the first class mailing of any notice from the City, the application is not received by the City with
all of its defects entirely corrected. Once an application is determined to be complete, it shall be
filed and accepted for processing and review.
C. Review and Investigation. Once an application for a driver's permit is filed, the City
Clerk shall initiate an investigation of facts for each application with the appropriate City or
County agencies including, but not limited to, the County Sheriffs Department.
D. Grounds for Denial The City Clerk shall not grant a driver's permit if he or she finds
that:
1 The applicant -has been convicted of a felony or a misdemeanor involving moral
turpitude, and has not subsequently demonstrated rehabilitative characteristics;
2. The applicant has made a material misrepresentation of fact in the application
for permit;
3. The applicant has been convicted for reckless driving or driving under
influence of intoxicating liquors or narcotics or other illegal drugs within the preceding five (5)
year, or
4. The applicant possesses physical deficiencies which would cause, operation of
an automobile for hire or taxicab to be a risk to persons or property
E. Effect of Denial
1. Limitation on New Applications. A denial of a driver's permit shall be subject
to the same limitations se forth in Section 5.128.03OG of this chapter.
2. Appealability. The City Clerk's decision denying a driver's permit may be
appealed to the City Council.
F. Prohibition on Transfers. Driver's permits are personal in nature and may not be
transferred, sold, assigned, mortgaged or otherwise conveyed, and any transfer, sale, assignment,
mortgage or otherwise conveying any driver's permit shall render the driver's permit
automatically void.
G. Conditions of Approval. The City Clerk may condition the driver's permit to ensure
that the permit shall comport with the public health, safety and welfare,
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H. Permit Issuance.
1. Upon approval of an application, the City Clerk shall issue a driver's permit to
the applicant.
2. Every driver, while in charge of, or driving an automobile for hire or taxicab,
shall have in his or her possession a valid and current driver's permit issued by the City Clerk and
a valid driver's license issued by the California Department of Motor Vehicles. The driver shall
post the driver's permit in a permanent fixture in prominent view of passengers in the automobile
for hire or taxicab.
I. Revocation. A driver's permit may be revoked, modified, conditioned or suspended
for cause by the City Council. Prior to such revocation, modification, conditioning or
suspension, the permittee shall be notified in writing of the grounds for such action. The matter
shall proceed to hearing in a manner consistent with Section 5.128.030E and 5.128.030M of this
chapter upon ten (10) days notice to the permittee.
J. Grounds for Revocation. The City Council may revoke, suspend or condition a
driver's permit for any of the following reasons:
1. The City Council finds that any grounds for denial of the permit exist;
2. The permittee has been found to have committed a crime of moral turpitude
which bears a substantial relationship to the conduct of the activity whose permit is being
considered for revocation;
3. The permittee has made any false, misleading or fraudulent statement of
material fact in the application for a permit, or any report or record to be filed with the City Clerk
or the City Council.
4. The permittee has violated any provision of Federal or State law or any
provision of the City's Municipal Code or of any other statute, rule, regulation or condition
relating to the permitted activity.
5. The permittee has been convicted of a felony, reckless driving, pandering, the
use, sale, possession, or transportation of narcotics or illicit intoxicating liquors, or for assault or
battery, or for driving under the influence of alcohol or narcotics;
6. The permittee has been convicted of, or pled guilty or no contest to, two
(2) or more moving violations within the preceding twelve (12) month period;
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7. The permittee has a record of service complaints, including but not limited to,
an inability to locate destinations, overcharging for trips, speeding, unsafe driving, rudeness, or
late arrivals for pick-ups;
8. The permittee's operation of an automobile for hire or taxicab is detrimental to
the public health, safety and welfare;
K. Emergency Temporary Suspension of Driver's Permit Where the conductor
activity of the permitted creates an imminent peril to the public health, safety, or welfare the
permit may be summarily suspended by the City Clerk upon written notice to the permittee
stating the basis for the suspension. Alternatively, the notice may be considered havingbeen
given in a manner consistent with Section 5.128.03OM(3)(c) of this chapter, except that
5.128.03OM(3xiii) shall not be included. Any temporary emergency suspension pursuant to this
paragraph shall not exceed fifteen (15) days pending a hearing in a manner consistent with
Sections 5.128.030E and 5.128.030M of this chapter.
L. Taxicab Driver Operation Requirements.
1. A taxicab driver shall keep the radio tuned to the correct frequency for the area
in which the taxicab is operating so that it shall be audible to the driver at all times the taxicab is
available for service.
2. A taxicab driver shall not solicit a customer's patronage on any public street in
a loud or annoying manner.
3. A taxicab driver shall not inquire of trip destination until a passenger is seated
in the taxicab. A taxicab driver shall comply with the instruction of a passenger regarding
destination and shall not attempt in any way to influence destination.
4. A taxicab driver shall use the most direct available route on all trips unless
otherwise specifically requested by the passenger.
5. A taxicab driver shall not solicit, receive, demand or arrange for any
compensation in an amount greater or less than the schedule of rates set by the City Council.
6. A taxicab driver make an accurate, legible record of all trips and all service
calls, including time and location of pick up, directed to him or her by dispatching personnel. If
transportation service is actually rendered to the patron, the record shall also indicate the time
and location were the patron was dropped oil:. Such records shall be available for inspection by
the City Clerk and Sheriff for at least six (6) months.
7. A taxicab driver shall not refuse to transport any passenger requiring
transportation except:
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a. When the driver has already been dispatched on another call;
b. When the passenger appears to be a disorderly person;
c. When the passenger requires use of a stretcher;
d. When the passenger can, upon request show no ability to pay fare.
S. A taxicab driver shall not accept any passenger while in route to fill an order,
nor accept any additional passengers while the taxicab is engaged unless so directed by an
occupant of the taxicab.
the passenger.
9. Taxicab drivers shall not use foul or abusive language toward passengers.
10. Every taxicab driver shall issue a receipt for the taxi fare when requested by
11. Taxicab drivers shall comply with all of the provisions of the City's
Municipal Code.
12. The driver of a taxicab while engaged in carrying any passenger shall cause
_ the meter to display the HIRED position so as to denote that such vehicle is employed; and shall
not cause the taximeter to be in a recording position which such vehicle is not actually employed,
or fail to place the taximeter in a nonrecording position at the termination of each and every
service.
13. Fares shall not exceed the amount shown on the taxicab meter, plus any
lawful surcharges. Fares shall not be calculated based upon the number of persons transported in
the vehicle. No rate other than that approved by the City Council shall be charged, demanded,
or collected for taxicab service originating in the City, regardless of whether the destination of
such service is within or beyond the corporate boundaries of the City.
14. Every taxicab operating in the City shall comply with all provisions of the
City's Taxi Coupon Program and/or the City's Dial -A -Cab program as adopted by the City
Council, and shall accept the full face amount of all City -issued taxi coupons, if applicable to the
particular taxicab licensee.
15. Every taxicab operating in the City shall cooperate with the Sheriffs
Department and City staff during enforcement operations.
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A. Generally. Any person violating any of the provisions of this chapter shall be guilty
of a misdemeanor.
B. Violation - Penalty. Violation of this ordinance is punishable by a fine not to exceed
one thousand dollars ($1000.00) or by imprisonment in the County Jail for not more than six
months, or by both such fine and imprisonment. Where the conduct subject to the violation is of
a continuing nature, each day that the conduct continues constitutes a separate and distinct
violation.
C. Rules and Regulations Promulgated by the City Clerk The City Clark shall have
the power and authority to promulgate rules and regulations for the implementation and
enforcement of the provisions of this chapter, and when duly promulgated, such regulations shall
be in full force and effect. Violations of such regulations shall constitute a violation of this Code
and shall be punishable in the same manner and to the same extent as other violations of this
Code."
Section 4. The City Clerk shall certify to the adoption of this ordinance and hall cause
the same to be published as required by law.
ADOPTED AND APPROVED this 18 th day of Apr i 1 , 1995.
Mayor
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I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meaning of the City Council of the City of
Diamond Bar held on the 4 th day of fpr i 1 ,1995 and was finally passed at it
regular meeting of the City Council of the City of Diamond Bar held on the _day of
_ Apr. i i , 1995 by the following vote:
AYES: COUNCILMEMBERS: Ansari, Harmony, Miller
Mayor Pro Tem Werner, Mayor Papen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
ATTEST
yNDA BMGEA City Clerk
City of Dia i fond Bar
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