HomeMy WebLinkAboutItem 4.5 - 2770 Adopt An Ordinance to Amend DMC 6.76 Taxica
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STAFF REPORT
CITY COUNCIL
DATE: August 20, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Adopt An Ordinance Amending Dublin Municipal Code Section 6.76
(Taxicabs) to Comply with State Laws AB 1069 and AB 939
Prepared by: Lauren Quint, Assitant City Attorney
EXECUTIVE SUMMARY:
Assembly Bill 1069 (Chapter 753, Statutes of 2017) and Assembly Bill 939 (Chapter
472, Statutes of 2018) amended the state laws regarding local regulation of t axicabs.
The changes are intended to create a level playing field with “for-hire” ridesharing
companies. Previously, taxicab operators were subject to the local laws of each city in
which they operated, requiring licenses and fees for each jurisdiction wh ere they
provided services. AB 1069 allows cities to regulate taxicabs only if the taxicab is
operated and substantially located within its jurisdiction. AB 1069 also imposes updated
requirements for safety, drug and alcohol testing and increased penaltie s for
noncompliance. AB 939 makes technical and clarifying changes to AB 1069. The
attached Ordinance conforms the City’s taxicab laws to AB 1069 and AB 939, and
makes additional revisions to reflect current City practices.
On July 16, 2019, the City council waived the reading and introduced an Ordinance
Amending Dublin Municipal Code Section 6.76 regarding Taxicabs.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Amending Dublin Municipal Code Section
6.76 regarding Taxicabs.
FINANCIAL IMPACT:
It is anticipated that the City’s revenue derived from taxicab permitting operations will
decline. Revenue from FY 2016/2017 and FY 2017/2018 was insignificant.
DESCRIPTION:
The State sets minimum regulations for taxicab companies and drivers, wh ich local
jurisdictions must adopt into their ordinances. In October 2017, the State of California
enacted AB 1069, a bill that redirected regulatory authority for taxicabs from individual
cities and towns to counties and regional authorities, establishing a statewide regulatory
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scheme for driver eligibility and vehicle safety by amending Section 53075.5 of the
Government Code, adding sections 53075.51, 53075.52 and 53075.53 of the
Government Code, and amending Section 1808.1 of the Vehicle Code. In Septemb er
2018, the State of California enacted AB 939 to clarify portions of AB 1069. These laws
took effect on January 1, 2019.
Previously, state law required every city or county to adopt a resolution or ordinance
regarding taxicab transportation service. Taxicab companies and drivers were subject to
the local laws of each city in which they operated, requiring licenses and fees for each
jurisdiction where they provided taxicab services. This model created barriers for market
entry and made it difficult for taxicab companies to compete with other for-hire modes of
transportation.
AB 1069 creates a new regional regulatory scheme throughout the state. (Currently,
Alameda County does not have an established regional taxicab permitting authority.) In
the absence of a regional authority, these new laws will require a taxicab company to
obtain a permit only in the jurisdiction(s) in which it is substantially located. A taxicab
company is considered substantially located in a city if that company’s primary business
address is located within the city, or if the majority of the company’s rides originate
within the city. The law will also allow for the assessment of a minimum fine of $5,000
for unpermitted taxicab operations.
The attached proposed revisions to Section 6 .76 of the Dublin Municipal Code
implement changes required by AB 1069 and AB 939, and make additional changes to
reflect current City practices. Key changes include:
Adding definitions and modifications to require a taxicab company to only obtain
a permit in jurisdictions in which they are “substantially located,” as defined by
state law
Modernizing communication requirements to allow a driver to use online
applications and the Internet to advertise rates and fares
Adding additional safeguards to protect the health and safety of the public,
including provisions regarding insurance, inspections, revocation or suspension
of permits, mandatory drug and alcohol testing of taxicab drivers, and
prohibitions on refusal of service for discriminatory purposes
Updating the required contents and procedures for permit applications, and the
standards and requirements for taximeters
Adding administrative fines for operating without a permit or in violation of the
City’s regulations
On July 16, 2019, the City council waived the reading and introduced an Ordinance
Amending Dublin Municipal Code Section 6.76 regarding Taxicabs. The Ordinance is
now ready for adoption.
STRATEGIC PLAN INITIATIVE:
None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA), Staff is recommending
that the proposed ordinance be found exempt per CEQA Guidelines Section
15061(b)(3) as this ordinance has no potential for resulting in significant physical
change in the environment.
ATTACHMENTS:
1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal
Code Relating to Taxicabs
ORDINANCE NO. __ - 19
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 6.76
OF THE DUBLIN MUNICIPAL CODE RELATING TO TAXICABS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1: Section 6.76 of the Dublin Municipal Code is hereby deleted in its entirely and
replaced with the following:
Chapter 6.76
TAXICABS
6.76.010 Definitions.
For the purpose of this chapter, the words set out in this section shall have the following
meanings:
“City” shall mean the city of Dublin.
“Chief of Police” shall mean the Chief of Police of Dublin or his or her designee.
“Company” means a passenger-for-hire business either based in the city or elsewhere whose
business activity includes picking up any passengers in the city by on-demand requests, a radio
dispatched service, or referral which results in charging the passenger by metered time and/or
distance to a destination identified by the hiring passenger for an exclusive ride. Such taxi
services are a business that is required to be licensed under this chapter. Taxi services which
have picked up passengers outside of the city and delivered the passengers to a location within
the city are excluded from the licensing requirements under this chapter. “Exclusive ride” as it is
referred to in this section does not preclude a passenger from directing the taxicab driver to pick
up additional passengers en-route to a destination and incurring the additional metered time
and/or distance that would be required.
“Division of Measurement Standards” means the st ate agency charged with and responsible for
ensuring the accuracy of commercial weighing and measuring devices.
“Driver” means every person in direct and immediate possession of, in charge of, or operating a
taxicab.
“Owner” means every person, firm, partnership, association or corporation having proprietary
use, ownership or control of any taxicab or fleet of taxicabs.
“Prearranged trip” means a trip using an online enabled application, dispatch, or Internet web
site. A company may provide prearranged trip s anywhere within the county in which it has
obtained a permit.
“Sole proprietor” means an independent, self -employed driver whose business is substantially
located in the city and who obtains a permit from the city without employing additional drivers.
“Substantially located” means either the jurisdiction where a company maintains its primary
business address, or the jurisdiction where the largest share of prearranged and non -
prearranged trips originates, as defined in Government Code Section 53075.5. “Sub stantially
located” shall also mean, for companies establishing a new operation after January 1, 2019, the
jurisdiction where a company has its primary business address for the first twelve months of
operation. A company or driver may be substantially located in more than one jurisdiction.
“Taxicab” means and includes all motor vehicles engaged in the business of transporting
passengers for hire on the streets of the city, irrespective of whether such operations extend
beyond the boundary limits of the city; such vehicles being designed for carrying not more than
eight persons, excluding the driver; and not operating on regular schedules and over regularly
established routes. Specifically excluded from the definition of “taxicab” are vans or other
vehicles providing transportation for the handicapped, operated by nonprofit social service
organizations.
“Taximeter” means a device attached to or utilized by a taxicab, by means of which device the
authorized charge for hire of such vehicle is mechanically calcul ated on the basis of distance
traveled, or for waiting time, or a combination of both, which charges shall be indicated upon by
means of figures in dollars and cents.
6.76.020 Insurance required.
A. It is unlawful for any owner to drive, operate, or cau se or permit to be driven or operated,
any taxicab in the city without maintaining ability to respond in damages as required by Section
16500 of the Vehicle Code.
B. It is unlawful for an owner or driver to operate a taxicab unless there is in full forc e and
effect a commercial automobile insurance policy, executed by an insurance carrier authorized to
conduct business in the state of California and with an A.M. Best rating of at least A:VII,
whereby the owner and driver of each of the taxicabs operated under the permit are insured
against liability for damage to property and for injury to or death of any person as a result of the
ownership, operation or other use thereof. The minimum liability limits upon each such vehicle
shall not be less than one million dollars combined single limit for bodily injury to or death of any
persons and for damages to or destruction of property in any one accident. Such policy of
insurance shall contain an endorsement providing that the policy shall not be canceled or
materially modified until notice in writing has been given to the city, addressed to the Chief of
Police, at least thirty days immediately prior to the time such cancellation becomes effective.
Further, such policy of insurance shall name the city, its officers, agents and employees as
additional insured by separate endorsement. Any deviations from these requirements must be
approved in writing by the city. Additionally, a vehicle owner and driver shall indemnify, defend
and hold harmless the city, its officers, agents and employees from claims arising from or
alleged to arise from the negligence of the vehicle owner or driver.
6.76.030 Taximeter requirements.
It is unlawful for any owner or driver to operate any taxicab in the city unless and until such
vehicle is equipped with a taximeter. A company may use any device or technology approved by
the Division of Measurement Standards to calculate fares, including the use of global
positioning system metering, provided that the device or technology complies with Sec tion
12500.5 of the Business and Professions Code and all regulations established pursuant to
Section 12107 of the Business and Professions Code. It shall be the duty of every owner
operating a taxicab to maintain such taximeter in good serviceable conditi on so that it will at all
times correctly indicate the correct charge for the distance traveled and waiting time. Every
taximeter shall be equipped so as to register the cost of transportation of passengers in the city,
and the taximeter shall be so placed in the taxicab that the reading dial showing the amount to
be charged may be readily seen by the passengers in the taxicab. The owner shall cause such
taximeter to be inspected annually by the Alameda County Sealer of Weights and Measures,
and shall timely submit a report of such inspection to the Chief of Police. The Chief of Police is
hereby authorized at his or her instance or upon complaint of any person, to investigate or
cause any taximeter to be investigated, and upon discovery of any inaccuracy in such taximeter,
to suspend the permit for operation of the taxicab in which it was installed, until the Chief of
Police determines such taximeter has been correctly adjusted.
6.76.035 Inspection required.
A. Every vehicle operating with a city permit pursuant to this chapter shall be presented by
the owner or driver to the Chief of Police for inspection once a year on or before the first day of
March to ensure that the vehicle is maintained in a safe operating condition, and in compliance
with the Vehicle Code. All vehicles added to the fleet of any permit intended to be operated
under the permit shall be brought to the city police department for inspection prior to use in the
fleet by the owner or driver.
B. It is unlawful for any owner or driver of any taxicab operated in the city to interfere with or
prohibit any public safety officer of the city or any person designated by the Chief of Police from
at any time inspecting or thoroughly examining any such taxicab or any taximeter used upon
any taxicab.
6.76.040 Schedule of rates—Customer receipts.
A. Taxicab owners permitted by this chapter 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 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.
B. The driver of any taxicab shall give a receipt, upon request of any passenger, for the fare
paid by such passenger.
6.76.050 Owner’s identification and rates—Display requirements and Fare Disclosure.
A. The company shall notify the passenger of the applicable rate prior to the passenger
accepting the ride for walkup rides and street hails. The rate may be provided on the exterior of
the vehicle, within an application of a mobile telephone, device, or other Internet -connected
device, or it may be clearly visible in either print or electronic form inside the taxicab.
B. The company shall disclose fares, fees, or rates to the customer, and may sat isfy this
requirement by disclosing fares, fees, or rates on its Internet web site, mobile telephone
application, or telephone orders upon request by the customer.
6.76.055 Maintenance of records.
Each permit owner shall maintain accurate records relating to the ownership and registration of
any of the permit owner’s vehicles which it operates under the permit. If the permit owner adds
any vehicles to its operations under the permit other than those which it has listed in its
application, pursuant to Section 6.76.070(A)(7), the permit owner shall, prior to placing the
vehicle into service in Dublin, inform the Chief of Police in writing of such vehicle’s acquisition or
transfer to its operations under the Dublin permit and shall give the date upon which such
vehicle will be put into service under the permit, and all other information required under this
chapter as well as any other information requested by the Chief of Police related to such
vehicle, its ownership, or use in the permit owner’s business operations. The permit owner shall
also keep accurate records on any vehicles listed in its application, or later acquired, which it
removes from service under the permit, including dates of such removal, disposition of the
vehicle and details of any transfer of ownership, together with copies of all documents related to
such transfer. Prior to the start of the next calendar year quarter after the removal of a vehicle
from service under the permit, the permit owner shall inform the Chief of Police in writing of that
fact, and furnish any related information required by the Chief of Police.
6.76.060 Permits—Required.
A. It is unlawful for any owner or driver who is substantially located in the city to operate in the
city unless the owner thereof applies for, and obtains a permit in writing from the Chief of Police
to do so, which permit shall be nonexclusive and shall be applied for, granted, and in effect, all
in compliance with the provisions of this chapter.
B. All owners and drivers shall collect data to determine in what jurisdictions each owner and
driver are substantially located. Beginning January 1, 2019, data for prearranged and non -
prearranged trips collected in the previous twelve months shall be provided upon application or
date of renewal to the city for any owner or driver that is substantially located in the city.
C. Any owner or driver who changes from being substantially located in another jurisdiction to
being substantially located in the city shall provide the city with six months' notice prior making
that change.
D. Any owner or driver who establishes a new taxi operation after January 1, 2019 shall be
considered substantially located in the city if the owner or driver maintains its primary business
address in Dublin. After the first year of operation, the owner or driver shall submit and the city
shall review all data collected in the previous twelve months to determine where the taxicab
owner or driver is substantially located.
6.76.070 Owner’s permit—Application.
A. The application for such owner’s permit shall be verified under oath by the applicant, and
shall set forth:
(1) A full identification of the applicant, relevant business information, and all persons
to be directly or indirectly interested in the permit, if granted;
(2) The residence and business address, including all members of any firm or
partnership, or all officers and directors of any corporation applying;
(3) The location of the proposed business for which the permit is requested, and the
name of the owner and the present use of such premises;
(4) The exact nature of the proposed business for which the permit is requested, and
the name under which it is to be operated;
(5) The past experience of the applicant in the matter to which the requested permit
pertains; and the name, address, and past experience of the person to be in charge of the
premises or business;
(6) Whether or not any prior license or permit to operate a taxicab business has been
revoked and if so, the circumstances of such revocation;
(7) The number of vehicles proposed to be operated under the permit, and a
complete description of the same including the distinguishing color or colors thereof, the model
and year, the manufacturer’s name, the license number and the vehicle registration number; the
applicant must be the registered owner of at least five taxicabs to be included in the permit at
the time of filing of the application and must maintain at least five taxicabs while operating in the
city, unless the applicant is a sole proprietor as de fined in this chapter;
(8) The make and type of taximeter intended to be installed in each taxicab;
(9) A description of the proposed color scheme and insignia or any other
distinguishing characteristics to be used to designate the vehicles of the owner;
(10) A description of the proposed uniform to be worn by the drivers of applicant’s
taxicabs.
B. In addition to the items of information required in subsection (A) of this section, the
applicant shall, together with the permit application, furnish the following:
(1) A statement from a responsible, solvent corporation, authorized to issue public
liability and property damage insurance in the state of California, that in the event the
application is granted, they will issue a policy of insurance to the applicant in the manner and
form required by this chapter;
(2) A statement that the applicant is the registered owner of each of the vehicles it
proposes to operate;
(3) A statement that no taxicab shall be kept garaged, serviced, maintained or
repaired on any premises where the zoning ordinance of the city does not permit the same;
(4) The city may require evidence of every material statement in the application of the
ability of applicant to meet the provisions of this chapter, together with such furthe r information
as the city council, or such official of the city to whom the application may be referred, may
require;
(5) A statement that within the last five years the applicant has not failed to comply
with a final court order or administrative action of an investigatory agency finding a violation of
applicable federal, state and local wage and hour laws, including, but not limited to, the Federal
Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or
prevailing wage requirements. For purposes of this subsection, a final court order or
administrative action is one as to which there is no pending appeal and the time for filing an
appeal has passed.
C. Permit fees therefor shall be charged by the Chief of Police in the amount established by
resolution of the City Council and shall be non-refundable.
6.76.080 Owner’s permit—Action on application.
The Chief of Police shall issue the permit applied for herein if he is satisfied that the
requirements of Section 6.76.070 are fully filled; that all persons interested in the operation of
the business are of a good moral 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.
6.76.085 Owner’s permit—Denial.
The Chief of Police may deny a permit to any applicant if it appears to its satisfaction that the
applicant has been convicted of a felony or violation of any narcotic law o r of any penal law
involving moral turpitude; that the applicant’s proposed color scheme or other insignia will tend
to confuse the identification of the vehicles proposed to be operated by such applicant with
those of another owner operating in the city; that the applicant has failed to provide the
necessary information required in Section 6.76.070 or made a material misstatement or
misrepresentation in the application; that the applicant has been in violation of any of the terms
of this chapter, or of any other laws or regulations relating to the conduct of a taxicab business;
that the applicant has had a taxicab license revoked or suspended in the city or any other
jurisdiction within five years prior to the date of the application; that the applicant has previously
applied for a taxicab permit in the city and been denied within two years prior to the date of the
current application; or that any other reasonable cause exists which, within the Chief of Police’s
sound discretion, would render the proposed operations undesirable to the city or pose a public
health and safety risk.
6.76.090 Owner’s permit—Revocation or suspension.
A. The Chief of Police, or designee, may revoke or suspend the permit granted under this
chapter, if any of the following determinat ions are made:
(1) If the owner fails to operate taxicabs in accordance with the provisions of this
chapter, violates any state law or provisions of this code relating to traffic or use of streets, or
violates any narcotic law or any penal law involving m oral turpitude, or is convicted of a felony;
(2) If the owner discontinues or suspends service for a period of ten days without first
having obtained permission from the Chief of Police;
(3) If the owner refuses to accept a request for service anywhere within the corporate
limits of the city, having vehicles and drivers available for service;
(4) If taxicabs are operated at a rate of fare other than that specified in the permit’s
rate schedule then in effect;
(5) For any materially false statements in application for the permit or any extensions
thereof, or in any information required to be furnished under this chapter, or for the failure to
furnish any material or information required to be furnished to city under this chapter;
(6) Failure of the owner to pay, when due, any applicable fees imposed by the city;
(7) If the applicant has failed to comply with a final court order or administrative action
of an investigatory agency finding a violation of applicable federal, state and local wage and
hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California
Labor Code, and any local minimum wage ordinance or prevailing wage requirements , or if the
applicant has failed to pay any judgment for damages arising from the unlawful or negligent
operation of the taxicab for which the permit was issued. For purposes of this subsection, a final
court order or administrative action is one as to which there is no pending appeal and the time
for filing an appeal has passed.
B. The Chief of Police shall initiate revocation or suspension proceedings by giving written
notice to the owner that an appeal of the initial decision must be received in writing within
fourteen calendar days of being notified of the revocation or suspension.
C. Failure to request a hearing within the required time period pursuant to Section 1.04.050
shall be deemed a failure to exhaust administrative remedies.
D. Any person whose permit is revoked shall not be eligible to apply for another permit for a
period of one year from the date of such revocation.
6.76.095. Owner’s responsibilities for maintenance and compliance with laws.
A. It shall be the responsibility of the owner to assure that every taxicab operated under its
permit is in safe working order and meets the requirements of the Vehicle Code of the state of
California. The interior and exterior of each taxicab shall be clean and well maintained at all
times when in operation.
B. All accidents, regardless of the jurisdiction of occurrence, arising from or in connection with
the operation of taxicabs which result in death or injury to any person, or in damage to any
vehicle, or to any property in an amount exceeding the sum of one hundred dollars, shall be
reported to the Chief of Police within ten days from the time of occurrence.
C. All owners shall ensure all drivers comply with the provisions of this chapter.
D. All owners shall comply with all relevant State law provisions regarding the operation of a
taxicab, including, but not limited to, Section 53075.5(h) of the California Government Code.
6.76.100 Driver’s permit—Application.
A. Applicants for a driver’s permit shall file written applications containing the following
information with the Chief of Police :
(1) The name and address of the applicant;
(2) The name and address of the applicant’s employer;
(3) The license number and vehicle identification number of the taxicab to be
operated by the applicant;
(4) The applicant’s driver’s license number;
(5) A statement that the applicant has not been convicted of any crime involving
moral turpitude;
(6) Such other information as the Chief may require.
B. Permit fees therefor shall be charged by the Chief of Police in the amount established by
resolution of the City Council and shall be non-refundable.
6.76.110 Driver’s permit—Action on application.
A. 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 or she 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 or her record filed in
the Police Department. No such driver’s permit shall be granted to any person under the age of
eighteen (18) years.
B. A driver’s permit may be denied pursuant to the same grounds for suspension or
revocation under section 6.76.120 of this chapter.
C. No such driver’s permit issued hereunder shall be transferable in any event.
6.76.115 Driver’s permit—Issuance and Termination
A. Upon approval of an application for a driver’s permit and upon payment of the fee in an
amount to be established by resolution, th e Chief of Police shall issue a non-transferrable
permit to the applicant. Such permit shall bear the name and photograph of the applicant, date
of expiration of the permit, and the name of the employer for which the driver is authorized to
operate a vehicle. The permit holder shall post the permit in the taxicab in view of the
passengers therein, during all working hours. The driver’s permit shall become void upon
termination of employment.
B. Upon the termination of any driver’s employment, the owner by whom such driver has
been employed shall immediately give the Chief of Police written notice of such termination, and
the reasons therefor, and shall forthwith surrender the driver’s permit to the Chief of Police for
cancellation. It is the obligation of t he owner to retrieve the driver’s permit from the terminated
driver and to immediately forward the driver’s permit to Chief of Police with the written notice of
termination.
6.76.120 Driver’s permit—Revocation or suspension
A. Any person issued a driver’s permit who subsequently is convicted of any felony or
misdemeanor offense or who ceases to possess a valid state of California driver’s license of the
class required by state law for the operation of taxicabs shall immediately so inform his or her
employer and the Chief of Police.
B. The Chief of Police may deny, revoke or suspend any driver’s permit for repeated
violations of this chapter; or if the driver’s state of California Department of Motor Vehicles
record includes four or more moving violations within the preceding twelve-month period; or for
any felony conviction or misdemeanor conviction of moral turpitude ; or if the Chief of Police
determines that the driver is a danger to the public safety ; or upon substantial evidence of facts
of either physical or moral deficiencies which would render such person incompetent to operate
a taxicab.
C. When the Chief of Police intends to revoke or suspend a driver’s permit, he or she shall
give the permit holder written notice of intent. The notice shall set fort h the grounds upon which
such revocation or suspension is contemplated, and shall inform the permit holder that he or
she has ten days from the date of such notice to file a written request for a hearing. The permit
may be revoked if a request for a hearing is not received within the ten-day period. If the permit
holder files a timely request for hearing, the Chief of Police shall set a time and place for such
hearing, and shall consider all relevant evidence and testimony prior to making a decision
thereon. The decision of the Chief of Police is final and no appeal may be made therefrom.
6.76.130 Permit 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 o f 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. Applications for permit renewals must be received by
the Chief of Police no later than thirty days before the date of expiration, and the city council
may establish late fees for failure to timely submit renewal applications .
6.76.135 Refusal of service.
It is unlawful for any driver to refuse, when the vehicle is in service and not otherwise engaged,
to transport any person who requests such service in a sober and orderly manner and for a
lawful purpose. Taxicab companies shall not prejudice, disadvantage, or require different rates
or provide different service to a person because of race, national origin, religion, color, ancestry,
physical disability, medical condition, occupation, marital status, or any characteristic listed or
defined in Section 11135 of the Government Code.
6.76.140 Testing of taxicab drivers for controlled substances and alcohol.
A. Each owner of a taxicab permit or holder of a taxicab driver’s permit shall maintain a
mandatory controlled substance and alcohol testing certification program conforming to Part 40
of Title 49 of the Code of Federal Regulations and California Government Code Section
53075.5 for all drivers of vehicles operated under the permit. The program shall contain
requirements for rehabilitation, return-to-duty, follow up testing and other requirements
conforming substantially to Part 382 of Title 49 of the Code of Federal Regulations. No taxicab
owner’s permit or taxicab driver’s permit shall be issued or renewed unless proof of this
mandatory program is submitted to the Chief of Police.
B. No taxicab owner’s permit shall be issued or renewed unless the holder at the time of
issuance or renewal files with the Chief of Police a certification that each driver of vehicles
operated under the permit has tested negatively for controlled substances under a mandatory
controlled substance testing certification program conforming to Part 40 of Title 49 of the Code
of Federal Regulations and California Government Code Section 53075.5.
C. No taxicab driver’s permit shall be issued or renewed unless the applicant and the permit
owner for which the driver is authorized to operate a vehicle both certify that the driver has
tested negatively for controlled substances under a mandatory controlled substance and alcohol
testing certification program conforming to Part 40 Code of Federal Regulations and California
Government Code Section 53075.5. Upon the request of a driver applying for a permit, the city
shall provide the driver a list of the consortia certified pursuant to P art 382 (commencing with
Section 382.101) of Title 49 of Federal Regulations that offer tests in or near the city .
6.76.150 Administrative fines.
The city may impose an administrative fine against any person, firm or corporation that is found
to have operated a taxicab in the city without a valid permit pursuant to this chapter. The
minimum fine for operating without a permit in violation of this chapter shall be five thousand
dollars ($5,000). The city may also impose administrative fines for all other violations pursuant
to code section 1.04.030.
6.76.160 Appeal to City Council.
If the applicant or permittee is dissatisfied with the action of the Chief of Police in refusing,
suspending or revoking the permits provided for herein, such person may appeal to the City
Council from such action by the Chief of Police as provided in Section 1.04.050.
Section 2: California Environmental Quality Act. This Ordinance is exempt from the California
Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 150 61(b)(3) since it has no
potential for resulting in significant physical change in the environment, directly or ultimately.
Section 3. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, sections, wo rds or
parts thereof of the ordinance or their applicability to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 5. Posting. 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, APPROVED AND ADOPTED this __ day of August, 2019
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
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