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Home My WebLink About6.6 Operation of Taxicabs e . lobO-DO CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 27, 1987 SUBJECT PUBLIC HEARING: ORDINANCE RELATING TO OPERATION OF TAXICABS \ \ EXHIBITSATTACHEQ : Proposed Ordinance RECOMMENDATIONS'~ r~onduct Public Hearing; Deliberate; Waive Reading, \UU\~ ~nd Adopt Ordinance FINANCIAL STATEMENT: None DESCRIPTION : As part of the comprehensive Municipal Code revision, the City Attorney's office has prepared an ordinance relating to the operation of taxicabs within the corporated limits of the City of Dublin. The ordinance sets forth the minimum insurance coverage as required by state law, use of a taximeter, schedule of rates, permit application procedures for both owners and operators, and the city recommended insurance coverage which is higher than the minimum state requirement. This ordinance was introduced at the June 22, 1987 Council meeting. ,.. ITEM NO. - ~ ~ ic ~ ~ t . COPIES TO:~ iJ ..~ ,~ }.,j ~ . ~ "i1 ;1 .t~ ::\ , ~.'i ;/'. '~ ~ '~ " ,> "; ORDINANCE NO. -87 , I ~ ~ AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO TAXICABS ~, The City Council of the City of Dublin does ordain as follows: - , "'1 ARTICLE 1. GENERAL , ,I ~ V, Section 1. DEFINITIONS. (a) "City" shall mean the City of Dublin. (b) "Chief of Police" shall mean the Chief of Police of Dublin or his designee.' (c) "Taxicab" is an automobile or other motor propelled vehicle used in the transportation of passengers for hire over the public highways of the City and not over a defined route or upon a fixed schedule. (d) "Owner" is any person, firm or corporation having use or control of any taxicab, as herein described, whether as owner, lessee or otherwise. (e) "Driver" is any person in charge of, driving or operating any taxicab, as herein described, either as an agent, employee, or otherwise. Section 2. INSURANCE REQUIRED. owner to drive, operate, or cause operated, any taxicab in the City respond in damages as required by Code. It shall be unlawful for any or permit to be driven or without maintaining ability to' Section l6500 of the Vehicle Section 3. TAXIMETER. Every taximeter used by any taxicab in the City shall be of a type and design approved by the Chief of Police and shall be so located in the taxicab as to render its figures visible to the passengers. No other fare shall be charged than is recorded on such taximeter. Such taximeters shall be subject to inspection from time to time by the Chief of Police and the Chief shall compel the owner to discontinue to calculate inaccurately, until such taximeter shall be replaced with one approved by the Chief or shall be adjusted to his satisfaction. Section 4. SCHEDULE OF RATES. The owner of every taxicab shall at all times keep on file with the Chief of Police an up-to-date schedule of rates of fares charged for carrying passengers, which rates shall be approved by the Chief before coming effective, and it shall be unlawful to charge other than the schedule of rates of fares, surcharges or excess mileage charges filed with the Chief of Police. -1- e,...,., .)1 The driver of any taxicab shall give a receipt, upon request of any passenger, for the fare paid by such passenger. Section 5. OWNER'S IDENTIFICATION AND RATES TO BE DISPLAYED IN VEHICLE. Every taxicab shall have conspicuously displayed in full view of the passenger, or passengers, a card not less than 2" x 4" in size which shall have stated thereon the name of the owner, the address and telephone number of the business, the owner's identification number of such vehicle and also the rates of fares to be charged for the use of such vehicle. ARTICLE 2. PERMITS Section 6. OvillER'S PERMIT TO OPERATE TAXICAB. It shall be unlawful to engage in a business of operating any taxicab with the City unless the owner has in his possession at the time of such operation a valid, unrevoked owner's permit, in writing, from the Chief of Police. Section 7. APPLICATION FOR OWNER'S PERMIT. Applicants for such permit shall file an application therefor with the Chief of Police which shall contain the following information: (a) (b) (c) (d) (e) (f) (g) The name or names and address of all persons who have any interest in the business. The number of taxicabs proposed to be operated and facts to prove that public convenience and necessity require such public transportation. The name under which said business is to be operated and the distinguishing color scheme or design intended to be used upon his or its taxicab or taxicabs. The address at which the business is to have its principal office. A statement from each person interested in the business as to all convictions, if any, of crimes involving moral turpitude. Such other information as the Chief may require before said permit is granted. All persons interested in the operation of the business for which the permit is requested shall be fingerprinted by the Police Department. Permit fees therefor shall be charged by the Chief of Police in the amount established by resolution of the City Council. Section 8. ACTION ON APPLICATION. 'l'he Chief of Police shall issue the permit applied for herein if he is satisfied that the requirements of Section 7 are fully filled: that all persons interested in the operation of the business are of a good moral -2- rs~~~:~tJ~m~p~J~~~~~'r~~~~'U:~l'","~~~~.k~t~W:~-~1r~;.f!~~$'4'~~_,ilflj~~ e e character: that the equipment to be used is in good mechanical condition and will be operated with due regard for the safety of the public: and that such transporting is necessary to meet the public need. The Chief of Police may revoke or suspend any owner's permit to operate a taxicab for violation of any state law or provisions of this Code relating to traffic or use of streets or for failure to pay any judgment for damages arising from the unlawful or negligent operation of the taxicab for which the permit was issued, or for conviction of a felony, or for violation of any narcotic law, or any penal law involving moral turpitude. Section 9. DRIVER'S PERMIT TO OPERATE TAXICAB. It shall be unlawful for any driver to drive or operate any taxicab in the City without having in his possession a permit in writing from the Chief of Police, and without the owner of the taxicab having obtained a permit as herein required. Section 10. APPLICATION FOR DRIVER'S PERMIT., Applicants for such permit shall file applications therefor with the Chief on a form furnished by the Chief which, when completed, shall contain the following information concerning the applicant: (a) The name and address of the applicant. (b) The license number and vehicle ID number of the taxicab to be operated by the applicant. (c) The applicant's driver's license number. (d) A statement that the applicant has not been convicted of any crime involving moral turpitude. (e) Such other information as the Chief may require. Permit fees therefor shall be charged by the Chief in the amount established by resolution of the City Council. Section II. ACTION ON APPLICATION. Upon application for a driver's permit, and before it shall be issued, the driver, whether the owner or otherwise, must show evidence that he has a valid California driver's license to operate the type of vehicle for which the driver's permit is sought. Upon satisfying the foregoing requirements, said driver shall be fingerprinted and photographed and his record filed in the Police Department. Every driver's permit issued hereunder shall set forth the name of the owner by whom said driver is employed and shall be valid only so long as he continued in the employ of such owner. No such driver's permit shall be granted to any person under the age of l8 years. Such driver's permit may be denied, suspended or revoked upon substantial evidence of facts of either physical or moral deficiencies of the applicant or permittee which would render such person incompetent to operate a taxicab. -3- e . No such driver's permit issued hereunder shall be transferable in any event. Section 12. RENEWAL. The holder of every owner's permit and every driver's permit shall renew such permits annually by application to the Chief of Police and payment of such renewal fees as may be established by resolution of the City Council. The permit shall be renewed if the applicant meets all the conditions herein for issuance of a permit. Section 13. APPEAL TO CITY COUNCIL. If the applicant or permittee is dissatisfied with the action of the Chief of Police in passing upon rates of charges, or in refusing, suspending or revoking the permit provided for herein, such person may appeal to the City Council from such action by the Chief as provided in Section 7 of Ordinance No. 21-86. Section 14. INSURANCE REQUIRED. It shall be unlawful for any owner or driver to drive or operate any taxicab or cause the same to be driven or operated, unless there is on file with the City Clerk a policy of insurance, approved by the City in a solvent and responsible company, insuring the owner of such taxicab (giving the manufacturer's motor number and serial number thereof) against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab or from violation of this Chapter or of the laws of the State of California. Said policy may be limited to One Hundred Thousand Dollars ($100,000) for the injury or death of one person, and Three Hundred Thousand Dollars ($300,000) for the injury or death of two or more persons per occurrence and to Fifty Thousand Dollars ($50,000) for injury or destruction of property. Said policy of insurance shall guarantee the payment to any and all such persons suffering injury or damage to persons or property, of any final judgment rendered against such owner, within the limits above mentioned, irrespective of the financial condition or any acts or omissions of such owner, and shall inure to the benefit of such persons. If, at any time, such policy of insurance shall be cancelled by the company issuing the same, the City shall require said owner to replace such policy with another policy or bond as above provided, satisfactory to the City and in default thereof may revoke such owner's permit and license. Every certificate required under the provisions of this section shall certify that the policy therein shall not be cancelled except upon forty-five (45) days prior written notice thereof to the City Clerk. Section 15. SUPERSESSION. The provisions of this ordinance shall supersede the provision of Alameda County Code, Title 2, Chapter 6, as adopted by Dublin Ordinance No. 13. -4- I\fZ"I~~~J!~.i~'-?.~tH!'-:t~~~~~~~~~-{li~<<~~~~';'~,..~~~T~"~~r~~;;;.~~~'ii\/'i':0";;",':'i:;":'C""-,:,,,,'i<~.c~ " . ... , '. ~;.?pr' Section l6. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 1987, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -5-