Chapter 5.84
TAXICABS AND OTHER VEHICLES
FOR HIRE
5.84.010 Definitions.
5.84.020 License/permit required.
5.84.030 Owner's permit and driver's permit required-Separate violations for noncompliance.
5.84.035 Civil penalty provision.
5.84.040 Permit-Exceptions.
5.84.050 Permits nontransferable.
5.84.060 Permit-Certificate.
5.84.070 Permit for additional vehicles-Application.
5.84.090 Owner's permit-Application.
5.84.100 Owner's permit-Application-Hearing-Findings-Issuance.
5.84.103 Public convenience and necessity-Findings by commission.
5.84.104 Permit for additional vehicles-Application.
5.84.107 Taxicabs-Special permits issued when.
5.84.110 Owner's permit-Denial-Revocation-Suspension.
5.84.115 Appeal-Owner's permit.
5.84.120 Driver's permit-Application-Controlled substance and alcohol testing-Late fee-Renewal.
5.84.130 Temporary driver's permit-Issuance.
5.84.140 Driver's permit-Issuance-Display.
5.84.150 Driver's permit-Suspension-Revocation-Administrative hearing.
5.84.160 Appeal-Driver's permit.
5.84.170 Operations generally.
5.84.180 Schedule of fares.
5.84.190 Certain items to be displayed.
5.84.200 Taximeters generally.
5.84.210 Taximeters-Display.
5.84.220 Taximeters-In-use flag display-Exception.
5.84.230 Taximeters-Fare receipt.
5.84.240 Taxicab-Hiring procedure.
5.84.250 Taxicab-Service.
5.84.260 Automobiles for hire-Hiring procedure.
5.84.270 Dial-a-ride vehicles-Hiring procedure.
5.84.280 Jitneys-Hiring procedure.
5.84.290 Taxicabs and automobiles for hire-Passenger compartment exclusive.
5.84.300 Passenger obligated to pay legal fare.
5.84.310 Direct route taken-Exception.
5.84.320 Taxicab stand-Location-Dimensions.
5.84.330 Vehicle stand-Change in location.
5.84.360 Vehicle and driver appearance and other requirements.
5.84.363 Automobile forhire, taxicab and nonemergency medical vehicle age requirements.
5.84.367 Vehicle identification-Decals.
5.84.370 Vehicles-License fee-Inspections-Maintenance.
5.84.380 Insurance requirements.
5.84.390 Enforcement.
5.84.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them unless otherwise noted:
"Automobile for hire" means and includes every motor vehicle of private appearance not equipped with a taximeter and which is operated and hired from a public or a private garage only, and the destination and route of which are under the control of the passengers being carried therein, for a compensation which is fixed in accordance with the distance traveled, waiting time or both. No automobile for hire shall be painted a distinctive color for the purpose of identification.
"Commission" means the transportation and parking commission.
"Dial-a-ride vehicle" means and includes every motor vehicle which has a distinct color or commercial appearance used in the business of carrying passengers to various destinations; and which is hired from a public or private garage by one or more persons; to varying destinations and routes which are under the joint control of the driver and the passengers being carried therein; for a compensation which is fixed in accordance with the distance traveled by zone.
"Driver" means and includes every person who drives or is in actual physical control of any automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle, or taxicab.
"Jitney" means and includes every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers; and which is hired from any fixed stand or location, or is hailed; and which travels along a fixed route; for a compensation which is fixed in accordance with the distance traveled.
"Motor vehicle" means every self-propelled vehicle used for transportation of persons over the public highways otherwise than upon fixed rails or tracks.
"Nonemergency medical vehicle" means every vehicle, operated or hired from a public or private garage for a fixed compensation and used for the transportation of the sick, injured, invalid, convalescent, infirm or otherwise incapacitated persons whose medical conditions require medical transportation services but do not require emergency services or equipment during transport.
"Owner" means and includes every person owning or directing the general operation of any automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle, or taxicab for hire.
"Public convenience and necessity" means an indispensability and needfulness embracing both the present and future of a highly important service, which includes the criteria set forth under Sections 5.84.100 and 5.84.103 of this chapter.
"Taxicab" means and includes every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers; and which is rented from a public or private garage or any fixed stand or location, or is hailed the destination and route of which are under the exclusive control of the passengers being carried therein.
"Taxicab stand" means and includes a portion of a public street or alley designated by the director of public works for the exclusive use of city-permitted taxicabs while awaiting employment.
"Taximeter" means and includes a mechanical or electronic instrument or device by which the charge for hire of a passenger-carrying vehicle is mechanically or electronically calculated and registered, either for distance traveled, or for waiting time or both, and upon which such charge is indicated by means of figures. (Ord. 5139 º 1, 1996: Ord. 5048 ºº 1-3, 1994: prior code ºº 20-1-20-9.1)
5.84.020 License/permit required.
A. Every owner and driver shall obtain a permit as required by this chapter. In addition, a separate license shall be obtained for every motor vehicle operated pursuant to this chapter.
B. The amount or rate of any permit, license or other fee shall be established and/or modified by resolution of the city council. The schedule for such fees shall remain on file and be available in the office of the city clerk. The city clerk shall review the fees charged at least once annually and shall, with the approval of the city manager, recommend changes to the council when appropriate. (Ord. 5048 º 4, 1994: prior code º 20-10)
5.84.030 Owner's permit and driver's permit required-Separate violations for noncompliance.
A. No person shall operate or cause to be operated at any point in the city any automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle, or taxicab, without having first procured a valid owner's permit and a valid driver's permit to the driver thereof as provided in this chapter.
B. The carrying on of any such operation without complying with all provisions of this chapter shall constitute a separate violation for each and every day that such operation is so carried on. (Ord. 5139 º 2, 1996: prior code º 20-34)
5.84.035 Civil penalty provision.
Any owner or driver requiring a license or permit pursuant to this chapter who does not obtain such license or permit shall be subject to a civil penalty equal to one and one-half times the applicable license or permit fee as provided in Section 5.84.020, or one hundred dollars, whichever is greater. The civil penalty shall be in addition to, and not in lieu of any other penalties provided by this code. This section shall not be construed so as to require the issuance of any permit or license under this chapter. (Ord. 5139 º 3, 1996)
5.84.040 Permit-Exceptions.
No owner's permit shall be required of the owner of the following:
A. Any operations for which a certificate of convenience and necessity has been granted by the Public Utilities Commission of the state of California;
B. Any vehicle which only transports a passenger or passengers from a point outside of the city to a destination within the city;
C. Any vehicle which only transports a passenger or passengers through the city while en route to a destination outside of the city. (Ord. 5048 º 16, 1994: prior code º 20-34.1)
5.84.050 Permits nontransferable.
All permits and licenses granted or issued pursuant to this chapter shall be nontransferable. (Ord. 5139 º 4, 1996: prior code º 20-36)
5.84.060 Permit-Certificate.
When any permit is granted under this chapter, the city clerk shall issue to the grantee thereof a certificate, giving the name and address of such grantee, the nature of the permit granted, and the date when the same was granted. (Prior code º 20-37)
5.84.070 Permit for additional vehicles-Application.
A. An owner having a permit for the operation of an automobile for hire, dial-a-ride vehicle, jitney or taxicab, desiring to operate additional motor vehicles of the same type and classification shall file an application therefor with the city clerk. The application shall be verified under oath and shall set forth the information required by this chapter in an original owner's permit application. The city clerk shall then issue a permit to operate up to a maximum of three such additional motor vehicles over and above the number of vehicles originally approved by the commission.
B. An owner, as described in subsection A of this section, desiring to operate more than three additional vehicles over and above the number originally approved by commission shall make application therefor to the commission setting forth all the information required by this chapter in an original owner's permit application. Pursuant to the procedure and conditions set forth in Sections 5.84.100 and 5.84.110, the commission shall schedule a hearing and may grant such permit in whole or in part, and may impose limitations on the number of additional vehicles to be permitted under subsection A of this section. (Ord. 5048 º 17, 1994: prior code º 20-38)
5.84.090 Owner's permit-Application.
A. Application Acceptance Period. Except as specified in this section, all applications for owner's permits shall be submitted to the city clerk for consideration by the commission during the application acceptance period which shall commence from the first day of January through and including the last day of March of each calendar year. Applications shall not be accepted after the expiration of this acceptance period unless the applicant demonstrates to the commission by a preponderance of the evidence that there is a current or immediate future anticipated need for new or additional service or that existing operators have failed to provide an adequate level of service. If the commission finds that there is good cause for accepting such an application, the commission may consider and grant the application for an owner's permit outside of the established time period.
B. Application Requirements. No owner's permit shall be issued until after the applicant: (1) has deposited with the city clerk a permit application fee and all other sums of money as may be required under this code; and (2) has submitted an application for an owner's permit verified under oath to the city clerk. The application shall include but not be limited to the following information:
1. If the applicant is a sole proprietorship: the owner's name, age, citizenship, residence and business addresses, and residence and business telephone numbers. If the applicant is a partnership or limited partnership: the names, ages, citizenship and business and residence addresses and telephone numbers of each partner. If the applicant is a corporation: the corporate name, date and place of incorporation, addresses and telephone numbers of each officer and agent for service of process;
2. A description of each motor vehicle the applicant proposes to use, including but not limited to: the number, make, model and type of vehicle(s), the seating capacity of each, according to its trade or factory rating, or if a truck, the actual carrying and seating capacity thereof; the vehicle license number(s); and the vehicle identification number(s) if available. If such information is not available at the time of application for an owner's permit, such information shall be required by the city clerk for certification prior to issuance of an owner's permit;
3. A color scheme, name, monogram or insignia which is not in conflict with, and does not imitate any color scheme, name, monogram or insignia in current use by another entity;
4. The street number and exact location of the public or private garage from which each such vehicle is to be operated;
5. A schedule of the rates of fare to be charged for carrying passengers. In the case of dial-a-ride vehicles a map of fare zones shall also be filed, and in the case of jitneys, a map of the routes to be established shall also be filed;
6. The past experience of the applicant relating to operation of the activity being requested and the name, address, telephone number and past experience of the person to be in charge of the premises or business;
7. A statement as to any previous permit suspensions, denials, terminations, cancellations or revocations in any jurisdiction, and an explanation of the circumstances regarding same;
8. Such further information as the city or the commission, may require;
9. Applications for taxicab owners shall also contain a statement that each of the applicant's taxicabs shall be equipped with a taximeter which shall comply with Sections 5.84.00 through 5.84.230 of this chapter. (Ord. 5139 º 6, 1996: Ord. 5048 º 19, 1994; prior code ºº 20-43, 20-44)
5.84.100 Owner's permit-Application-Hearing-Findings-Issuance.
A. Upon receipt of any application for an owner's permit referred to in Section 5.84.090 or application for additional vehicles pursuant to Section 5.84.104, the director of public works shall make or cause to be made an investigation and shall set a date for hearing by the commission. Public notice of such hearing shall be given by publishing notice thereof once in the city's official newspaper, at least ten days before the time of the hearing. Notice of such hearing shall also be given to all persons who currently possess valid owner's permits.
B. The commission may grant an owner's permit pursuant to Sections 5.84.090 and 5.84.104B only if it finds:
1. That the applicant has complied with all the terms and conditions of this chapter;
2. That the applicant has proven by a preponderance of the evidence that public convenience and necessity, as defined in Section 5.84.010, requires the operation of the vehicle(s) listed in the permit application. The commission may consider such factors as set forth in Section 5.84.103. The commission shall have the power to deny the granting of an owner's permit if public convenience and necessity does not require the same or for any reasonable cause which, in the commission's sound discretion, is contrary to the public welfare;
3. That in the case of a taxicab, automobile for hire or nonemergency medical vehicle owner's permit applications, the vehicle(s) proposed for use by the applicant does not exceed the vehicle age requirements set forth in Section 5.84.363 of this chapter.
C. Owner's permits shall become effective subject to certification by the city clerk that the vehicle(s) listed under the application comply with the requirements Section 5.84.370.
D. Upon being granted an owner's permit, the applicant shall have ninety days to install the necessary equipment required by this chapter on the vehicle(s) listed under the application. The ninety-day time period granted to an applicant is solely for the purpose of permitting the applicant time to expend the funds necessary to properly outfit the vehicle(s) on and does not grant any right to operate the vehicle(s) prior to the city clerk's certification.
E. If, upon inspection, the vehicle(s) described in the application are found to comply with the requirements of this chapter, the city clerk shall issue an owner's permit for a period of time not to exceed five years and an annual license for each vehicle. Owners of taxicab and nonemergency medical vehicle operations holding valid city-issued permits on or before June 23, 1994 must reapply for an owner's permit within the application acceptance period, pursuant to Section 5.84.090, not later than five years from July 1, 1995. Owners of taxicab and nonemergency medical vehicle operations permitted on or after June 24, 1994 must reapply within the application acceptance period pursuant to Section 5.84.090, not later than five years from the date of issuance of the owner's permit.
F. If for any reason the city clerk denies certification of any vehicle(s) described in the applicant's application, said application shall be deemed denied pursuant to Section 5.84.110. (Ord. 5139 º 7, 1996: Ord. 5048 ºº 20, 23, 1994: prior code ºº 20-45, 20-46)
5.84.103 Public convenience and necessity-Findings by commission.
A. The commission, when considering findings for public convenience and necessity as set forth in Section 5.84.100, may consider, but is not limited to the following factors:
1. The ability of the current operator(s) to perform the service in which the current operator(s) is permitted;
2. The effect of multiple service providers within the city;
3. The growth and development of the city at the present and in the future;
4. The scope of service to be provided by the applicant;
5. The reliability of the applicant's equipment;
6. The ability of the current operator(s) and applicants to provide efficient service to passengers;
7. The inability of the current operator(s) to handle the current demand for service;
8. Evidence from complaints on file with the city clerk registered against the current operator(s); and
9. Innovative proposals of service to the public presented by the applicant including, but not limited to, guaranteed ride home programs, special services for the elderly and nonambulatory persons and/or the use of vehicles utilizing clean fuel technology.
B. The commission shall have the power to deny the granting of an owner's permit if public convenience and necessity does not require the same or for any reasonable cause which, in the commission's sound discretion, is contrary to the public welfare.
(Ord. 5139 º 8, 1996; Ord. 5048 º 21, 1994: prior code º 20-45.1)
5.84.104 Permit for additional vehicles-Application.
A. Any person possessing a valid owner's permit for the operation of one or more automobiles for hire, dial-a-ride vehicles, jitneys, nonemergency medical vehicles or taxicabs, may submit an application to the city clerk for a permit to operate up to a maximum of three such additional motor vehicles over and above the number of vehicles of the same type and classification as originally permitted by the commission. The application shall set forth the same information as is required in an original owner's permit application and shall be verified under oath.
B. Any owner, as described in subsection A of this section, desiring to operate more than three additional vehicles over and above the number originally approved by the commission shall make application under oath therefor to the commission setting forth all the information required by this chapter in an original owner's permit application. Pursuant to Sections 5.84.100 through 5.84.110, the commission shall consider such application in whole or in part, and may impose limitations on the number of additional vehicles to be permitted under subsection A of this section. (Ord. 5139 º 9, 1996)
5.84.107 Taxicabs-Special permits issued when.
A. Notwithstanding any provision of this chapter or any other ordinance of the city, this section shall apply to a taxicab owner who desires a taxicab owner's permit to operate before, during or after a special event or in the wake of a local or state declared disaster.
B. In the event of a local or state declared disaster or special event as described herein, a person may apply for a taxicab owner's permit pursuant to the procedure set forth under this chapter, except that such person applying for a special permit hereunder need only comply with the following sections of this code: Sections 5.84.020, 5.84.030, 5.84.035, 5.84.050, 5.84.060, 5.84.090B, 5.84.170 through 5.84.240, 5.84.290, 5.84.310, 5.84.360 and 5.84.380.
C. Any person desiring an owner's permit under this section shall submit an application therefor pursuant to Section 5.84.090(B), to the city clerk. Upon receipt of the application, a copy shall be forwarded to the director of public works and the city clerk shall then place the application on the next available agenda for city council consideration. In the case of a local or state declared disaster, the application my be considered for immediate action by the city council at an emergency meeting pursuant to California Government Code, Section 54956.5. Same shall be acted upon by the city council without the necessity of a public hearing. It shall be left to the discretion of the city council to grant or deny any such permit and to limit the length of time any such permit shall be deemed valid. However, in no event shall any such permit be valid for a period in excess of sixty days. Nothing contained herein shall preclude an applicant from reapplying for a permit in the event of a local or state declared disaster or special event hereunder, for additional periods of time for the same event or during or after the same local or state declared disaster.
2. For the purposes of this section, the determination of what constitutes a special event shall be left to the discretion of the council. However, in order to guide prospective applicants and the council, special events include, but are not limited to, regional or local events calculated to draw a large number of people to either the city or the region, such as the Rose Bowl, World Cup Soccer tournament, or other local or regional events deemed to be of sufficient magnitude to warrant, in the council's sole discretion, the temporary need for additional taxicabs.
D. Upon approval of a permit hereunder, the city clerk shall cause such vehicle to be inspected to determine if same is safe to operate as a taxicab in Glendale. A fee for such inspection shall be imposed as established by resolution of the council. Upon passing inspection, the city clerk shall issue a license for each vehicle. (Ord. 5139 º 10, 1996: Ord. 5048 º 24, 1994: prior code º 20-46.1)
5.84.110 Owner's permit-Denial-Revocation-Suspension.
A. In addition to the failure of an owner's permit applicant to comply with all the terms and conditions of this chapter, the commission shall deny the application for an owner's permit, if it shall appear to its satisfaction that any motor vehicle proposed to be operated is inadequate or unsafe or that the applicant has been convicted of a felony, a violation of any narcotic law or any penal law involving moral turpitude.
B. The commission shall have the power to revoke, suspend or cancel any owner's permit if public convenience and necessity does not require the same or for any reasonable cause which, in its sound discretion, is contrary to the public welfare including but not limited to the dispatching of an unlicensed or unpermitted driver or vehicle. (Ord. 5139 º 11, 1996: Ord. 5048 º 25, 1994: prior code º 20-48)
5.84.115 Appeal-Owner's permit.
Any person aggrieved by the denial of an owner's permit, or permit for operating additional vehicles pursuant to Section 5.84.104(B), or from the denial of an application filed outside the acceptance period pursuant to Section 5.84.090(A), may appeal the decision of the commission to the city council within the time and the manner provided in Chapter 2.88 of this code. (Ord. 5139 º 12, 1996: Ord. 5048 º 22, 1994: prior code º 20-45.2)
5.84.120 Driver's permit-Application-Controlled substance and alcohol testing-Late fee-Renewal.
A. Any driver desiring to obtain a driver's permit required by Section 5.84.030 shall make application therefor to the city clerk as set forth in this Section 5.84.120. Nonemergency medical vehicle drivers shall meet the requirements of this chapter in addition to any other requirements or regulations pursuant to state law.
B. The application for such driver's permit shall be verified under oath and shall include the following information:
1. Three recent photographs (2? ? 2? head and shoulders) of applicant taken within one year immediately preceding the filing of the application;
2. The applicant's name, age, business and residence addresses and telephone numbers;
3. The applicant's past experience in operating automobiles;
4. The names and addresses of the applicant's current employer and previous employers during the preceding three years;
5. A copy of the applicant's valid California driver's license, and, for nonemergency medical vehicle drivers, a copy of the driver's current California Ambulance Driver Certificate issued by the California Department of Motor Vehicles;
6. A statement as to whether a driver's license has ever been issued to the applicant by any other state or governmental agency and whether any driver's license issued to the applicant has ever been suspended or revoked;
7. Convictions, if any, in any court of law;
8. A signed agreement to submit to a background investigation;
9. A set of fingerprints certified by the city clerk;
10. The name and address of the owner of the vehicle;
11. The endorsement of the applicant's employer if the applicant is not self-employed;
12. A copy of the applicant's driver's record from the California Department of Motor Vehicles;
13. Such additional information as may be required.
C. Prior to operation of a taxicab and as a condition for application approval and annual permit renewal, driver's permit applicants shall comply with the following mandatory controlled substances and alcohol testing certification program:
1. Applicants shall annually test negative for alcohol and for each of the controlled substances as specified in Government Code Section 53075.5(b)(3)(A). Except as set forth in subsection (C)(2) of this section, testing shall be completed within thirty days prior to the date of application at a certified drug testing laboratory acceptable to the city clerk. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
2. Any negative test result from another jurisdiction shall be accepted for one year from the date of the administration of the test as meeting the requirement for yearly permit renewal testing if the applicant has not tested positive subsequent to a negative result. However, a negative test result from another jurisdiction shall only be accepted from renewal applicants and not from new applicants.
3. In the case of a self-employed independent applicant, the test results shall be reported directly to the city clerk, who shall notify the taxicab owner or leasing company of record, if any, of the test results. In all other cases, the results shall be reported directly to the employing taxicab owner, who shall be required to notify the city in writing of all results.
D. A driver's permit shall be effective for one year from the date of issuance. Applications for renewal shall be made with the city clerk not later than thirty days prior to the expiration date. Fingerprinting shall be required upon initial application and every three years thereafter.
E. In addition to any other remedy or penalty provided in this code, any person or corporation which fails to submit an application for renewal of a driver's permit within the time limit prescribed in this Section shall be charged a late renewal fee, which fee shall be established by resolution of the city council pursuant to Section 5.84.020B. This fee shall be in addition to any other remedy or penalty provided for elsewhere in this code. (Ord. 5139 º 13, 1996: Ord. 5048 º 26, 1994: prior code º 20-49)
5.84.130 Temporary driver's permit-Issuance.
Any person who has applied for a driver's permit pursuant to Section 5.84.120 and has tested negative on a controlled substance and alcohol test pursuant to Section 5.84.120(C), shall, upon request therefor, be permitted to temporarily operate a motor vehicle under this chapter for a period not to exceed one hundred twenty days. The temporary privilege shall be issued after a review of California Department of Motor Vehicles records, local police records and, when applicable, out-of-state motor vehicle operator records, to determine whether the applicant is properly licensed and a competent person to temporarily operate an automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab. Temporary permission to operate a motor vehicle pursuant to this chapter shall be evidenced by a person's application receipt marked by the city clerk as temporary. Any temporary driver's approval shall, for all purposes, have the same force and be subject to the same conditions as any driver's permit issued under this chapter. (Ord. 5139 º 14, 1996: prior code º 20-49.1)
5.84.140 Driver's permit-Issuance-Display.
Every driver's permit issued by the city clerk shall set forth the name of the driver, the driver's photograph and the name of the owner of the vehicle which the driver shall use. Such permit shall be valid only so long as the driver continues in the employ of or other business relationship as driver for such owner. Driver permits shall not be transferrable from one employer to another. Each driver's permit shall be displayed conspicuously in the rear passenger compartment of the vehicle used by the driver. Upon the termination of such employment or business relationship, the driver shall forthwith surrender his or her driver's permit to the city clerk. (Ord. 5139 º 15, 1996: prior code º 20-50)
5.84.150 Driver's permit-Suspension-Revocation-Administrative hearing.
A. Grounds for Denial, Suspension or Revocation. In addition to any other provision in this chapter, commission of the following offenses shall constitute grounds for denial, suspension or revocation of any temporary or permanent driver's permit issued pursuant to this chapter. Where convictions are required, a plea of nolo contendere or a plea of guilty for the purposes of this chapter shall be deemed the same as a conviction. Nothing in this section shall prevent the chief of police, city manager or city clerk, or any designee thereof, from suspending, denying or revoking a driver's permit for reasons other than those listed within this section if, in his or her sound discretion, the exercise of such permit constitutes a substantial risk to the safety or welfare of the public.
1. The following offenses shall constitute grounds for immediate suspension as set forth in subsection (B)(2) of this section. There shall be no right of appeal:
i. Status as a registered sex offender pursuant to Penal Code Section 290,
ii. Conviction of possession of any controlled substance or narcotic within the last ten years,
iii. Conviction of the following offenses within the last seven years: Vehicle Code Sections 14601.3, 14601.4, 14601.5, 20001, 20003, 20004, 23104, 23153, Penal Code Sections 118, 192, 529.5 and any felony listed in the Penal Code including those charged as misdemeanors pursuant to Penal Code Section 17(b)(4),
iv. Conviction of the following offenses within the last three years: Vehicle Code Sections 31, 12500, 14601, 14601.1, 14601.2, 20002, 23103, 23152 and 23220,
v. Conviction of any violation of this chapter within the last three years and no more than one such violation within twelve months prior to the date of application;
2. Conviction of any crime involving moral turpitude;
3. A driving history indicating convictions of three or more moving violations within the last three years with two or more of such convictions occurring within the last twelve months from the date of the application. There shall be no right of appeal;
4. Two or more accidents where the applicant was found to be at fault as indicated by records of the California Department of Motor Vehicles, and at least one such finding occurring within twelve months prior to the date of application. There shall be no right of appeal;
5. Physical or mental incapacity to safely operate any vehicle governed by this chapter. Such incapacity may include but shall not be limited to the driver's previous history of controlled substance or alcohol abuse, or both. The determination of physical or mental incapacity may be reconsidered upon a showing of sufficient proof, such as a written statement from a duly licensed physician or mental health professional, that the applicant or permittee is capable of operating the vehicle safely and performing such other duties as are required by this chapter;
6. Incomplete, incorrect or false information on a driver's permit application or renewal, whether or not the applicant intended to submit the application in such a manner. Such applicant shall not be entitled to reapply for a driver permit for a period of one year from the date of denial or revocation;
7. Substantial evidence of facts of either physical or moral deficiencies of the applicant which in the sound discretion of the chief of police, city manager or the city clerk, or a designee thereof, would render such applicant not a competent person to operate an automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab.
B. Procedure for Denial, Suspension or Revocation.
1. The city manager, chief of police, city clerk, or any designee thereof, shall have the power to deny, suspend or revoke a driver's permit upon any of the grounds set forth in this chapter. Except as otherwise provided, the exercise of such power shall be subject to the affected applicant or permittee having been given adequate notice, pursuant to subsection (B)(3) of this section, of a hearing, the proposed action, the reasons therefor, and a copy of the charges upon which the action is based.
2. Immediate Suspension. The city manager, chief of police, city clerk or any designee thereof, may immediately suspend a driver's permit when it is determined that an emergency involving public health or safety requires such suspension. Immediate suspension shall remain in effect until such time as a disposition of the charge is reached.
3. Notice. The city clerk shall serve notification of the denial, suspension or revocation by United States mail to the last known address of the applicant or permittee. Such notice shall state the date of the denial, suspension or revocation, the reason therefor, and a statement that, in order to receive a hearing with regard to the denial, suspension or revocation, the applicant or permittee shall submit a request for such hearing in writing within fifteen days of the date appearing on the notice. Failure of applicant or permittee to respond to the notice of hearing is a waiver of the right to the hearing and appeal, and action may be taken without permittee being present.
4. Hearing. Any requested hearing shall be conducted within five days of receipt of the request for such hearing, excluding days when City Hall is closed, weekends and holidays, by the city clerk who shall designate a hearing officer. At the close of the hearing, the hearing officer shall determine whether clear and convincing evidence was shown for such denial, suspension or revocation. If such evidence is shown, the denial, suspension or revocation shall be affirmed for the period of time indicated in this Section 5.84.150.
5. Regulations during suspension or revocation period. Unless otherwise provided herein, from the time of the denial, suspension or revocation of any permit, no person whose permit is denied, suspended or revoked shall drive, operate or be in charge of any vehicle regulated herein for a period of one year from the date of denial, suspension or revocation. The city manager, chief of police, city clerk or any designate may invoke a longer denial period when a review of the facts warrants more than one year. In the event of such revocation or suspension of a driver's permit, such certificate as may be issued in connection therewith shall be, by the holder thereof, forthwith surrendered to the city clerk.
C. The provisions of this chapter are nonexclusive and supplementary to existing rights and remedies. Nothing in this chapter shall prevent the city from commencing any appropriate action with respect to enforcement of this chapter. This chapter shall supplement and be in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, state or any other legal entity or agency having jurisdiction. (Ord. 5139 º 16, 1996: prior code º 20-51)
5.84.160 Appeal-Driver's permit.
A. Unless an appeal is prohibited by this code, a decision regarding the denial, suspension or revocation of a driver's permit pursuant to this chapter shall become final fifteen days following the date of the decision unless an appeal to the transportation and parking commission is filed.
B. A decision of the transportation and parking commission shall become final fifteen days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of Chapter 2.88 relating to the uniform appeal procedure. (Ord. 5139 º 17, 1996: prior code º 20-52)
5.84.170 Operations generally.
A. No person shall drive or operate any dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab other than one bearing the color scheme, name, monogram or insignia set forth in the application for the permit as provided in Section 5.84.090. No person shall change the color scheme, name, monogram or insignia without first having filed a written petition with the director of public works requesting such change. The petition shall include the reason for the proposed change, an outline of the specific change(s) and a vehicle illustration. The new color scheme, name, monogram or insignia shall not conflict with or imitate any color scheme, name, monogram or insignia used by another person in such manner as would mislead, deceive or defraud the public.
B. No person shall drive or operate any automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab other than one bearing the vehicle identification number set forth in the application for the permit or license as provided in this chapter. No substitute vehicles shall be allowed.
C. All persons or corporations having an owner's permit pursuant to this chapter shall submit to the city clerk upon request of the city clerk a statement signed under penalty of perjury showing the make, model, year, vehicle license number and vehicle identification number of each vehicle which is to be available for hire commencing July 1st of that year. (Ord. 5139 º 18, 1996: Ord. 5048 º 18, 1994: prior code º 20-41)
5.84.180 Schedule of fares.
The owner of every automobile for hire, dial-a-ride vehicle, jitney or taxicab operating in the city shall file with his or her application for an owner's permit a true and correct schedule of fares to be charged for the transportation of passengers in any and all vehicles operated by such owner, and such owner shall not change or amend the fares in any manner without first filing such changed or amended fares with the city clerk thirty days prior to the effective date of such change or amendment. No person shall charge, collect or receive any other or different compensation for the use of such automobile for hire, dial-a-ride vehicle, jitney or taxicab than that specified in the schedule of fares on file with the city clerk and at the time in effect. (Ord. 5139 º 19, 1996: Ord. 5048 º 5, 1994: prior code º 20-12)
5.84.190 Certain items to be displayed.
A. Every automobile for hire, dial-a-ride vehicle, jitney and taxicab shall have displayed in plain view in the rear passenger compartment thereof at all times a sign stating in clearly legible characters the rates of fare charged for carrying passengers therein, the owner's name or the fictitious name under which the owner operates, the business address, and telephone number of such owner, and the license number furnished by the city clerk.
B. In addition to the sign required under subsection A of this section, every automobile for hire, dial-a-ride vehicle, jitney and taxicab shall have displayed in plain view in the rear passenger compartment thereof a permanently affixed printed sign not less than eight by five inches in size with lettering not less than three-sixteenths of an inch in height (or eighteen point Helvetica regular), which sign shall contain the minimum following language:
NOTICE TO PASSENGERS
This vehicle is regulated for your health, safety, and convenience. The regulations require:
1. This vehicle to be kept neat, clean and sanitary.
2. The driver shall be courteous and neat and clean in appearance.
3. Smoking by the driver or passengers is prohibited.
If you have any reason to believe that this vehicle has not been operated in compliance with these requirements or that the service provided has been unsatisfactory, please call the City of Glendale at (818) 548-2090 between 8:00 a.m. and 5:00 p.m. GMC Sec. 5.84.360.
The exact location of the signs required by this section shall be approved by the city clerk who shall be guided solely by the criteria set forth above. (Ord. 5048 º 6, 1994: prior code º 20-14)
5.84.200 Taximeters generally.
No owner or driver of any taxicab operated in the city pursuant to the terms of this chapter, shall have any such vehicle not equipped with a taximeter of such type and design as may be approved by the city manager or city clerk. The owner of such taxicab shall keep such meter accurate at all times. Such meter shall be subject to inspection from time to time. The city manager, city clerk or a designee thereof or any police officer of the city is authorized at his or her instance or upon the complaint of any person, to investigate such taximeter and upon discovery of any inaccuracy of such taximeter to remove or cause to be removed from service any such vehicle equipped with such taximeter until such taximeter shall have been repaired and accurately adjusted. (Ord. 5139 º 20, 1996: prior code º 20-15)
5.84.210 Taximeters-Display.
The charge for any service to all patrons of a taxicab shall be calculated and indicated by a taximeter, which shall be placed in each vehicle so operated so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in any such taxicab. (Prior code º 20-16)
5.84.220 Taximeters-In-use flag display-Exception.
No driver of any taxicab shall display the "flag" attached to the taximeter in the "in use" position until the passenger has entered the taxicab, except in the case of a request for a taxicab at a specified time and location in which case the "flag" may be placed in the "in-use" position at the time and location requested by the customer, or at any time thereafter, after the driver has personally contacted such customer. No driver, while carrying passengers, shall display the "flag" in such position as to denote that such vehicle is not employed, or to fail to place the "flag" in the "home" or "for hire" position at the termination of each and every service. (Prior code º 20-17)
5.84.230 Taximeters-Fare receipt.
No driver of any taxicab, upon receiving full payment for a fare as indicated by the taximeter, shall refuse to give a receipt upon the request of any passenger making such payment. Such receipt shall indicate the amount of the fare, the date, the initial location and destination of the trip, the taxicab number, and the name of the driver. (Prior code º 20-18)
5.84.240 Taxicab-Hiring procedure.
A. The services of a taxicab operating pursuant to any permit granted under this chapter shall be available only upon telephone call, engagement of the taxicab when parked at a taxicab stand or when hailed, but not otherwise. No taxicab driver, owner, or his or her agent shall solicit passengers from or about the vehicle.
B. No owner or driver of any taxicab shall park or stand the same upon any public highway in the city for any period of time longer than is necessary to discharge or receive passengers. (Ord. 5139 º 21, 1996: prior code º 20-20)
5.84.250 Taxicab-Service.
All persons engaged in the taxicab business in the city operating under this chapter shall render an overall service to the public desiring to use taxicabs and shall keep open twenty-four hours a day for the purpose of receiving orders and dispatching vehicles. They shall answer and dispatch all calls received as soon as possible, and if service cannot be rendered within a reasonable time, they shall so notify the prospective passenger the approximate time that service can be rendered and give the reason therefor. The holder of any owner's permit who refuses to accept a call anywhere within the corporate limits of the city at any time when such owner has available vehicles or who fails or refuses to give service without reasonable cause relating to the health, safety or welfare of the driver, shall be deemed to be in violation of this chapter and his or her owner's permit shall be subject to revocation procedures. (Prior code º 20-20.5)
5.84.260 Automobiles for hire-Hiring procedure.
The services of an automobile for hire operating pursuant to any permit granted under this chapter shall be available only upon telephone call or upon engagement at the public or private garage from which such vehicle is operated. No person shall cruise or cause or permit to be cruised any automobile for hire. An automobile for hire shall be deemed to be cruising when it solicits or takes on any passenger other than in response to an order given at its garage, or in response to a telephone call requesting transportation. (Prior code º 20-21)
5.84.270 Dial-a-ride vehicles-Hiring procedure.
The services of a dial-a-ride vehicle operating pursuant to any permit granted under the provisions of this chapter shall be available only upon telephone call. No dial-a-ride vehicle driver, owner, or his or her agent shall solicit passengers from or about the vehicle. (Ord. 5139 º 22, 1996: Ord. 5048 º 7, 1994: prior code º 20-21.4)
5.84.280 Jitneys-Hiring procedure.
The services of a jitney operating pursuant to any permit granted under this chapter shall be available only upon engagement of the jitney at locations along its fixed route, but not otherwise. No jitney driver, owner or his or her agent shall solicit passengers from or about the vehicle. (Ord. 5139 º 23, 1996: prior code º 20-21.6)
5.84.290 Taxicabs and automobiles for hire-Passenger compartment exclusive.
When a taxicab or automobile for hire is engaged, the occupants shall have the exclusive right to the full and complete use of the passenger compartment, and no owner or driver of such taxicab shall solicit or carry additional passengers therein. (Prior code º 20-22)
5.84.300 Passenger obligated to pay legal fare.
No person shall refuse to pay the legal fare of any of the vehicles mentioned in this chapter, after having hired the same, and any person who shall hire any such vehicle with the intent to defraud the person from whom it is hired shall be punishable as provided in Chapter 1.20. (Prior code º 20-23)
5.84.310 Direct route taken-Exception.
Any 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 the passenger's destination; except that in the case of dial-a-ride vehicles the driver shall proceed as expeditiously as possible in the general direction of all of the passengers, taking into consideration requests from additional customers, leaving such passengers at their prescribed destinations; and in the case of jitneys the driver shall travel a fixed route. (Ord. 5048 º 8, 1994: prior code º 20-24)
5.84.320 Vehicle stand-Application-Location-Dimensions.
A. No private ownership of stands in any public street or alley shall be permitted. The director of public works shall establish taxicab stands and determine the dimensions and locations thereof on any public street or alley. No stand shall be of a size or at a location other than that approved by the director of public works. The commission shall make any regulations which it deems necessary for the designation and use of stands upon public property. Nothing in this chapter shall prevent the private ownership of stands on private property.
B. All taxi driver permit holders may park any permitted taxicab in any taxicab stand, while awaiting employment. A driver may not use any stand where a vehicle from the same operator is already parked. Only the driver who is located in the first space of the stand may receive passengers. A driver shall occupy a stand only when available for immediate hire.
C. Any driver who fails to comply with this Section 5.84.320 shall be guilty of an infraction as set forth in Chapter 1.20 of this code. In addition to the fines imposed therein, upon the third conviction for a violation of this section, the driver's permit shall be revoked for a period of one year from the date of conviction pursuant to the procedure set forth in Section 5.84.150(B). (Ord. 5139 º 24, 1996: Ord. 5048 º 9, 1994: prior code º 20-26)
5.84.330 Vehicle stand-Change in location.
The director of public works shall have the power to change or propose a new location for an existing stand. (Ord. 5139 º 25, 1996: Ord. 5048 º 10, 1994: prior code º 20-27)
5.84.360 Vehicle and driver appearance and other requirements.
A. Every automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab shall be maintained in a safe, neat, clean and sanitary condition.
B. Every automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab shall be equipped with an air conditioning unit. These air conditioning units are to be in good working condition at all times.
C. The driver of all such vehicles shall be courteous and clean of body and wearing apparel.
D. Smoking by drivers or passengers in any such vehicle while same is available for, or actually hired for use, shall be prohibited.
E. All vehicle for hire operations shall have disabled accessible vehicles as required by federal law as it now exists or may hereafter be amended. (Ord. 5139 º 28, 1996: Ord. 5048 º 11, 1994: prior code º 20-30)
5.84.363 Automobile for hire, taxicab and nonemergency medical vehicle age requirements.
No automobiles for hire or taxicabs, exceeding eight years of age from January 1st of the year of manufacture shall be allowed to operate within the city. No nonemergency medical vehicle exceeding fifteen years of age from January 1st of the year manufacture shall be allowed to operate within the city. Existing permittees shall comply with this section 5.84.363 no later than July 1, 1998. (Ord. 5139 º 29, 1996: Ord. 5048 º 12, 1994: prior code º 20-30.1)
5.84.367 Vehicle identification-Decals.
A. No vehicle shall be permitted to operate pursuant to this chapter without identification decals, issued by the city clerk, signifying authority to operate in the city. Automobiles for hire, dial-a-ride vehicles, jitneys, and nonemergency medical vehicles shall be identified by one decal permanently affixed to the left rear bumper of said vehicle. Taxicabs shall be identified by two annual vehicle license decals placed in the center of the taxicab identification decals permanently affixed to the upper front portion of the right and left front doors, respectively.
B. Decals shall be issued by the city clerk upon payment of a vehicle identification decal fee, as established by resolution of the city council pursuant to Section 5.84.020(B).
C. Vehicle identification decal(s) shall remain affixed to the vehicle(s) until such a time as the age of the vehicle(s) exceed the vehicle age limit pursuant to Section 5.84.363, in the event of revocation or suspension of the owner's permit under which the vehicle operates pursuant to Section 5.84.110, or in the event of accident in which the vehicle cannot be repaired. In the event of any of the aforementioned situations, all identification decals shall be removed completely from the vehicle, placed on backing paper, and returned to the city clerk. The fee for the decals shall not be refunded upon return of the decal. (Ord. 5139 º 30, 1996: Ord. 5048 º 13, 1994: prior code º 20-30.2)
5.84.370 Vehicles-License fee-Inspections-Maintenance.
A. No owner or driver shall operate, or cause to be operated, any automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab until after the owner or driver: (1) has deposited with the city clerk a vehicle license fee and all other sums of money as may be required under this code; and (2) has been issued an annual vehicle license by the city clerk. Annual vehicle licenses and identification decals shall be issued by the city clerk upon successful completion of an annual safety and compliance inspection and certification by the city clerk at least sixty days prior to the expiration of said vehicle license. Annual identification decals shall be permanently affixed to licensed vehicles pursuant to Section 5.84.367. Taxicabs exceeding five years of age and nonemergency medical vehicles exceeding ten years of age shall pass an annual mechanical inspection by an outside city-approved mechanic, at applicant's sole expense, prior to renewal of vehicle licenses pursuant to this Section 5.84.370.
B. No owner or driver shall operate or cause to be operated any automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe or unsanitary condition. The owner or driver shall keep a maintenance log on each vehicle. Each vehicle and the maintenance log shall be available for inspection by the city at all times.
C. The city clerk or any duly authorized employee of the city clerk or any police officer of the city is authorized at their instance or upon the complaint of any person to investigate and inspect every such vehicle at any time.
D. Automobile for hire and taxicab permittees shall retain their trip records for a period of six months. During such time, the records shall be available for inspection by the city upon request.
E. Every person or corporation operating an automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab shall pay a license fee for the full twelve-month period from July 1st of each year to June 30th of the following year. Any person applying for a license for less than the full twelve month period for operating additional vehicles for less than the annual period pursuant to Section 5.84.104 shall pay a prorated fee.
F. 1. A vehicle inspection fee established by resolution of the city council shall be charged for vehicle inspections required under a new application for an owner's permit, and for the annual inspections. The fee shall cover the initial inspection and one reinspection. Any subsequent or further additional inspections as required to obtain a license shall be subject to an additional inspection fee which shall be established by resolution of the city council pursuant to Section 5.84.020B. Vehicle inspection fees shall be in addition to any other fee, remedy or penalty provided for elsewhere in this code.
2. Fees shall not be imposed for to spot inspections initiated by city employees.
3. Failure to appear at any scheduled inspection shall result in forfeiture of inspection fee. (Ord. 5139 º 31, 1996: Ord. 5048 º 14, 1994: prior code º 20-31)
5.84.380 Insurance requirements.
A. No owner or driver shall drive or operate any automobile for hire, dial-a-ride vehicle, jitney, nonemergency medical vehicle or taxicab, or cause the same to be driven or operated, unless there is on file with the city clerk and in full force and effect at all times while such vehicle is being operated, a policy of insurance.
B. Insurance policies for all vehicles as defined in this chapter shall be evidenced by a certificate from an insurer licensed by the state of California to sell commercial automobile liability insurance or a foreign insurance carrier domiciled within the United States but outside California, with a minimum A.M. Best Rating, (or any other successor entity) of B+. The policy shall insure and indemnify the owner and passengers riding in owner or driver's vehicle against liability for financial loss resulting from damage to property, or injury occurring to persons or passengers from the operation of such vehicles, in an amount not less than one hundred thousand dollars for bodily injury to any person, three hundred thousand dollars for any one accident and fifty thousand dollars for property damage.
C. Notwithstanding the insurance requirements under subsection B of this section, an owner of an automobile for hire, dial-a- ride vehicle, jitney, nonemergency vehicle or taxicab, may in lieu of a policy of automobile liability insurance with a deductible limit, provide a policy of automobile liability insurance in the same limits as set forth in subsection B of this section, with a self-insured retention not to exceed fifty thousand dollars. The policy shall include an endorsement which generally provides that such insurance provides full coverage and that the insurance carrier is obligated to pay in full, all valid liability claims notwithstanding any self-insured retention.
D. Any policy of insurance pursuant to subsections B or C of this section, and certificate evidencing same shall contain a statement of obligation on the part of the insurance carrier to notify the city of any cancellation, termination or reduction in coverage at least thirty days in advance of the effective date of any such cancellation, termination or reduction in coverage. The policy shall include and identify any deductible limit, which limit shall be subject to approval by the city attorney. The policy shall provide that the insurer shall pay and satisfy any and all judgments imposed upon the insured or the operators of any of its vehicles, by operation of law for injuries to or death of persons other than employees of the insured or damages to property arising out of the operation of the motor vehicle of any kind or description for which a permit is required under this chapter. The policy of insurance and certificate evidencing same shall be subject to approval as to form by the city attorney.
If at any time any policy of insurance pursuant to subsections B or C of this section, shall be terminated, canceled, reduced in coverage, not renewed by the insurer issuing same, or the owner fails to comply with the provisions of this section, the owner shall replace such policy with another policy in full compliance with this section and show evidence of same to the city clerk no later than thirty days prior to such termination, cancellation, reduction in coverage, nonrenewal or failure to comply with the provisions of this chapter. In default thereof, the city clerk shall revoke the owner's permit and license to operate according to the procedure set forth in Section 5.84.110(B).
E. The requirements of this section shall not apply to any bus service, dial-a-ride, or other transportation service which is under direct contract with the city to provide public transportation services. Any insurance requirements for such direct contract transportation services shall be set forth in the contract and shall be subject to approval by the city attorney. (Ord. 5139 º 32, 1996: Ord. 5048 º 15, 1994: Ord. 5007 º 1, 1993: Ord. 5000 º 1, 1992: prior code º 20-32)
5.84.390 Enforcement.
It shall be the duty of the chief of police and city clerk of the city to enforce this chapter. (Ord. 5139 º 33, 1996: Prior code º 20-33)