HomeMy WebLinkAboutORD 3286. . • • IC •'
ORIGINAL
ORDINANCE NO. 3286
ORDINANCE: OF THE COUNCIL OF THE Cl'!'Y t)F PM.O t\LTO
ADOPTING ft, NEW CHAPTER 4. 42 REGARDING 1'!\X IC.I\BS
AND REPEALING PRESENT CHAPTER 4,42
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 4.42, Taxica.bs and Other For H.in~ Vehi
cles,-·ls hereby added to the Municipal Code to read as follows:
Sections:
4~42.010
4.42.020
4.42.030
4.42.040
4.42.050
.:L42.060
4.42.070
4.42.080
4.42.090
4.42.100
4.42~110
4.42.120
4.42.!30
4.42.140
4.42.150
4.42.160
4.42.170
4.42.180
4.42.190
4.42.200
4.42.210
4.42.220
4.42.230
4.42.240
4.42.250
•TAXICABS AND OTHER
FOR lURE VEHICLES
Defil"lit.ions
Certificate of Public Convenience and Necessity
Hearing After Filinq of Application
Proof of Public Convenience and Necessity
Ce~tificate Not Transferable--Change in Ownership
Revocation of Certificates
Dutier> of CPrtificatc BoLder
Liability Insuranco
Vehicle Permits
Driver's Permit Required
Application for Driver's Permi.l
Eligibility for Driver's Permit
Driver's Permit 1 Form, Display, Use
Revocation or Suspension of Penri t.s
Hearing
Vehicle Color Design
Identification of Taxicabs
Signs or Advertisements on Taxicabs
Taxi meters
Schedule of Rates, Display
Interference with Inspection
Operating Regulations
Maintenance of Vehicles
Permits Not Transferable
Duties of City
.4.42.010 Definitions. For the purpose of this chap-
ter~ unless it is plainly evident from the context that a different
meaning is intended, certain terms used herein are defined as fol
lows~
( 1 ) "Ce rt if i ca te holder" means any per: son, partn·;:.~sh i p,
firm, associationf or corporation to whom a certificate of public
convenience and necessity is issued;
(2} "Driver~ means a person in direct and immediate pos
sess ion or charge of driving or oper·at ing a taxicab, or public
transportation v~hicle,
(3) "Owner"' means any person, firm, association m: cor
poration having proprietary control of or right to proprietary c0n
tcol of any vehicle as herein defined;
(4) "Public transportion vehicle" means every for-hire,
unmetered automobile or motor-propelled vehicle having a seating
capacity of no more than five persons, excluding driver, used in
the business of transporting passengers over the st. reets of this
city, irrespective of whet her such operations extend beyon<l the
city, and which is not regulated by the Public Utilities Commis
sion;
(5) "St~eet" or "highway" is a way or place of whatever
nature publicly maintained and opened to the use of vehicular traf
fic;
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( 6 ) " •r ax i cab " m c a n s a mot o r-p r. o p c 1 led v e h 1 c l e <l v u i 1 d h 1 e
on u twent.y-four ( 24) hour a day basis used for the tr-an~\port.:ltion
of passengers who direct the route to be traveled over the streets,
c'lnd not operated over a fixed route, for. compensation fixed by a
taxi meter in accordance with the distance traveled and/or the time
e.lapsed;
(7) HTaxi meter" means a mechanical instrument or device
by which the charge for hire of a passenger-carrying, motor-propel
led vehicle is mechanically registered, calculated and/or indicated
by means of figures in accordance with the distance traveled and/or
the time elapsed~
(8) nTaxi stand" means a public place alongside the curb
of a strei~t: or ('dsewher.e in tbe City of Palo Alto which has been
designated by the city manager as reserved exclusively for the use
of taxicabs.
4.42 .. 020 Certificate of Public Convenience and Neces-
sity. It is unlawful for any person, partnership, ficm, associa
tion, or corpot:'ation, or the like, to provide taxicab or public
transportation vehicle service in this city without a certificate
o f pub 1 .i c con v e n i en c <~ and n e cess i t y i s s u e c1 put-s u an t t P t h if; c h, ~ p t>: r
by tft(-: city managet· ot· his/her designee.
4.42.030 Hearing After Filing of Application. Appli-
cants shall furnish such infot·mation as may be rc>quired by the
hearing officer upon forms to be furnished by the police depurt-
m en t . A pub li c he a r i n g on t h <~ que s t i on o f i s s u C\ n ·2 e r) [ tl c.; e r t i f i -
cate of public convenit:~nce and necessity ~:;hnll be held ~¥ithin s~xt.y
(60) days after filing of a completed a.pplication w.i.th the police
department. Said hearing shall be held before the city manager or
hi.s/her designee. Notice of said hearing sh<13 1 be inchded in two
consecutive Counc i 1 packets o.nd shall be advertised in a ne'..;spaper
of general circulation.
4.42.040 Proof: of Public Convenience and Necessity.
Applicant shall have the burden of proving:
( 1} That there is a public demand foe additional
service or that service to the public will be imp~oved by th~ issu
ance of a certificate to the applicant;
(2) 1.'hat applic~nt has sufficient experience and
assets to properly conduct such a business~
(3) 'l'hat traffic conditions or hazards will not be
appreciably increased or parking problems made worse.
The decision of the hearing officer. shall be final
and non-appealable. If denied, the applicant shall not file for a
certificate of public convenience and necessity for six months from
date of denial.
4. 42.050 Certificate not Transfet"able--Change in Own··
ership. No certificate shall be assignable or transferable. If
ownership in excess of tnirty-three percent (33%) of the business,
\tFhether corporate stock, partnership in teres t, or otherwise,
changes, a new certificate must be obtained.
4.42.060 Revocation of Certificates. Certificates
of public convenience and necessity may be revoked for: any cause
which would have warranted denial thereof in the first. instance,
for a failure to comply with any of the provisions of this chapter,
a failure to comply with any conditions imposed upon the certifi
cate or in any instance where operations have ceased for ten (10)
consecutive days. If a certificate of public convenience and
n(~cessity is granted, and ope:ration of the service fot: which the
certificate is granted does not commence within four (4) months of
the date of the approval thereof, the certificate nhall be automat-
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ically null and void. Any revocation herein shall be held before
the city manager or a ~epresentative of such person; ten (10) days•
written notice shall be provided to the certificate holder and the
cer:t.ificat:e holder shall have the opportunity to present at the
hearing any evidence deemed relevant by the hearinq officer. The
decision of the hearing office~ shall be final and non-appealable.
If revoked, the app~icant shall not file for a certificate of pub
lic convenience and necessity for six months from date of revoca
t .ion.
4.42.070 Duties of Certificate Holder.. (1} Certifi-·
cate holders shall render a service to the public desiring to use
t.::~~icabs and public transportation vehicles. Taxicab companies
shall keep their pl<'\ce of. business open twenty-tour {24} houn:; a
day for the purpose of receiving calls and dispatching vehicles.
( 2) Ce rt i. fica te holders shall answer all regues t s re
ceived by them for services inside the corporate limits as soon as
practicable; and, if the service cannot be rendered within a rea
sonable time, the certificate holder shall inform the prospective
passenger how long it wi 11 be before the cal J. can be answered and
give the reason therefor. Any certificate may be revoked after
hearing when a ce~tificate holder refuses to accept ~ request for
~>ervice anywher:e within thf.' corpo:r,ate limits of the city, having
vehicles and drivers available for service.
(3) Cet'tifi.cate holdr.:rs shall be resrmnsible for the
business authorized by th~;~ certificate, including dispatch ser
vices. A cer.ti.ficate holde-r· shall assure that the vehic:.es oper-
ated by the certificate holder are operable and in safe condition.
l1. certificate holder shB.ll be t·esponsible to prov.ide r;ufficieot.,
permitted drivers to operate the bLlsiness in accordance with the
requirements of the certificate and this chapter.
(4) Notice of change of business or dispatch address or
of telephone number sha lJ. be provided the police departm1:-~n t at
least 72 hollrs before said change is effected.
4.42.080 Liability Insurance~ No certificate of
public convenience and necessity shall be issued or continued in
operation unless there is in full force and effect a policy of in
surance in such form as the city attorney and loss control manager
deem proper, executed by an insur.ance c.ompany approved by the city
attorney and loss control manager, whereby the owner and ~river of
each of the vehicles operating pursuant to the certificate as well
as the holder of the ce~tificate of public convenience and neces
sity are insured against liability for damage to property and for
injury to or death of any person as a result of the ownership oper
ation or. other use thereof. The minimum liability limits upon each
such vehicle shall not be less than One Hundred Thousand Dollars
($100,000) on account of personal injury to CH' death of any one
person in any one accident and Three Hundred Thousand Dollars
( $300,000) on Bccount of the personal injuries to or death of two
or more persons in any one accident ar.d the minimum 1 iability
limits upon each such vehicle being not less than One Hundred Thou
sand Dollars ($100,000) f0r damage to or destruction of property in
any one accident; provided, however, that addi.tional amounts may be
required by the city attorney and loss control manager if deemed
necessary. Such policy of insurance shall contain an endorsement
providing that the policy will not be cancelled until notice in
writing has been given to the city, addressed in care of the Chief
of Police, P. 0. Box 10250, Palo Alto, California, at least thirty
(30) days immediately prior to the time such cancellation becomes
effective. Further such policy of insurance shal.l name the city,
its officers~ agents, and employees as additional insureds. Addi
tionally, certificate holders, vehicle owners, and drivers shall
indemnify, defend, and hold harmless the City, its officers,
agents, and employees from claims arising from the negligence of
tbe certificate holder, vehicle owner, or driver.
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4.42.090 Vehicle Permits. Upon issuance of a certi-
ficate and upon payment of the fees provided for in the municipal
fee schedule, the city treasurer shall issue to the applicant a
permit for each vehicle proposed to be operated. Such permit will
state the name and address of t.he certificate holder, the type of
business licensed, the number, make, model and engine numbe~ of all
vehicles authorized under the certificate and the date of issuance.
These permits shall be renewed on a fiscal year basis and shall be
in force and effect until suspended o~ revoked in the manner pro
vided in this chapter. A copy of the permit shall be posted in the
vehicle in a place designated by the police department.
4.42.100 Dt'iver•s Permit Required.. No person shall
operate any vehicle described in Section 4.42.010 upon the streets
of the city and no person who owns or controls any such vehicle
shall permit it to be so driven and no such vehicle licensed by the
city slia11 be sd driven unless the dr.i..ver of the vehicle has first
obtained and has then in force a driver's permit issued under the
provisions of this chapter.
4 .. 42.110 Application for Driver's Permit. Any per-
son may apply to the city for a permit to operate a vehicle define~
in Section 4.42.010 by filing with t.he police department, upon
forms supplied by the city, an application containing the following
information~
of the United
(1) Name, address and age of applicant;
(2) Convictions,
States or in any
if any~
On i tE~d
in the courts of any state
States com"t within five
years prior to application:
{ 3) The endorsement of the cer't if i cnte holder by
\odlOm thP. tJppl i cant is to be employed as a driver;
(4) Number and expiration date of state of Califor
nia driver's license;
( 5) Such other information regarding the health,
mentality and experience of the applicant as may be necessary or
desirable to enable the police department to ascertain applicantts
qualification for a driver's permitt
4.42.120 Eligibility for Driver's Permit.. {a) Upon
receipt of an application for a driver's permit the police depart
ment shall condllCt an invest. ig at ion of the applicant and, on the
basis of such investigation, shall either approve or deny the ap
plication. No permit shall 0e issued to any of the following per
sons:
(1) Any person under the age of eighteen years;
( 2) Any per.son convicted of G\ny felony or misde
meanor offense which is r€:!asonably and directly related to the
functions involved in the operation of motor vehicles for hire and
indicates potential risk to the public. This restt·iction shall
apply only to fe.lony or misdemeanor convictions occurring within
fi.v~ (5) years of the date of application.
(3) Any per 0 ~n convicted of hit-and-run driving, of
reckless driving, or of driving a vehicle while under the influence
of intoxicating liquor and/or any dr.ug within six months of the
application, or upon conviction of any two or more of these offens
es within five years of the date of application. However, no per
mit shall be issued to any person oonvicted of any offense describ
ed herein if such person ~as driving a motor vehicle for hire at
the time the offense was cummitted1
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(4) Any person not possessing a valid state of
California driver's license of the class required by state law for.
the type of motor vehicle for hire the applicant intends to drive~
(:)) The provisions of Section 4.04o140 of this
Title shall be applicable to any person applying for a permit here
under.
(b) 'rtH~ restrictions in Section 4.42.120(a) shall apply
to persons possessing driver's permits and persons seeking renewal
of such permits. Driver's permits shall be subject at all times to
revocatLon or suspension as set forth in this chapter.
4.42.130 Driver's Permitt Form, Display, Use. (a)
Upon approval of an application for a d~iver's permit and upon pay
ment of the fee provided for in the municipal fee schedllle, the
police department shall issue a permit to the applicant. It shall
bear the name and photograph of the applicant, date of expiration
of the permit, and the name of the certificate holder for which the
driver is authorized to operate a vehicle. Such permit shall be
mailed to the certificate holder named therein and shall be valid
only so long as said driver continues in the employ of such certif
icate holder.
(b) Such permit shall be displayed in the vehicle being
driven by the permittee in such a place as to be in full view of
all passengers in such vehicle.
(c) Upon the termination of any dci.ver.' s employment., the
certi ficatt~ holder· by whom .5\lCh dr.iver· has been employed shall im
rn~~diately givr: the police depa::-tment written notice of such termi
nation~ the reasons t.herefor. and sh<lll forthwith surrender said
driver's permit to the chief of policr for cancellation.
4 .. 42 .. 140. Revo(~ation or Suspension of Permits. (a)
Any person issued a driver's permit who subsequently is convicted
of any felony or mi3demeanor offense or who cease.s to possess a
valid state of Californi3 driv~~·s license of the class required by
state law for the type of motet vehicle for hire such person dri~es
shall immediately so inform his or her employer and the chief of
police~
(b) The chief of police may revoke any driver's
permit if such driver becomes ineligible for the permit. The per
l11it holder may request a hearing as provided in Section 4.42.150.
(c) The chief of pol ice may revoke or suspend any
driver's permit if the driver's state of California Department of
Motor Vehicles record includes four or more moving violations with
in the prec~ding twelve-month period or if the chief of police de
termines that the driver is a danger to t.he public safety. The
permit holder may request a hearing as provided in Section
4.42~150; however, the driver ma.y be suspended pending said hear
ing.
4.42.150 Hearing. (a) Every driver whose application
has been· denied or whose permit has been revoked shall have the
right to a hearing before the chief of police or his/her designee
prio~ to final denial and prior. to revocation.
(b) The chief of police shall give the applic3nt or
permit holder written notice of intent to deny the application or
to revoke the driver 1 s permit. Th.e notice shall set forth the
ground or grounds for the chief of police's intention to deny or
revoke and shall inform the applicant or permit holder that he or
she has ten days from the date of receipt of the notice to file a
written request for a hearing. The application may be denied or
the permit may be revoked if a hear: i ng reque·s t is not rece i.,. ed
within the ten-day period.
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If the applicant or permit holder files a timely
hearing request, the chief of police shall set a time and place for
the hearing. All parties involved shall have the right to offer:
testimonial, r:locumentary and tangible evid0nce bearing on the i!:3-
sues and to be represented by counsel. The decision of the chief
of police whether to deny the application or revoke or suspend the
permit is final and non-appealable.
4.42.160 Vehicle color design. The vehicles of
every certificate holder operating in the ci.ty shall be of a color
scheme and bear the ce rt if i ca te holder's t. r a de name, monogram or
insignia which are distinguishable from the color scheme, owner's
trademark, monogram or insignia used on the vehicles of any other
certificate holders already ope~ati.ng pursuant to this chapter. No
change in the color scheme or distinguishing characteristics of any
vehicle shall be made without written permission from the chief of
police. It is unla•,.;ful for any person soliciting patronage from
any vehicle descri~ed in this chapter to represent by word, sign or
insignia that the vehicle for which said person is soliciting such
patronage is a vehicle operater:l by other th£Hl. the actual certifi
cate holder.
4.42.170 Identiflcation of 'r<Jlxicabs. Every taxicab
operated in the city shall bear. the following identification:
The cer:tificate holder:·1 s trade name, monogrnm o:r insig
nia1 af; appr:oved by the polic'l? department, together with a cab num
ber .:md the certificate holder's telephone number or. numbE-t"S paint
ed upon the metal portion of the outside of each side of the taxi
cab and the cab n umbe 1~ and cer t i E i ca te holder 1 s telephone number or
numbers painted upon the outside rear panel of the taxicabs. All
lettering mentioned in this section shall be not less than two and
one-fourth inches in height.
4.42.180 Signs or Advertisements on Taxicabs. In
addition to the identification required by Section 4.42.170~ taxi
cabs may bear the following signs or advertisements:
( 1) A metal sign bf.~aring the words "FOR HIRE" and
being no longer than six inches by nin~ inchesr
( 2) A sign attached to the top of the cab bearing
t.he word ~vACANT" and being no longer than two and one-half i.nchea
by nine inches;
(3) Advertisements not exceeding twelve square feet
in total area subject to the rules and regulations of the chief of
police.
4.42.190 Taxi ~eters. (a) All taxicabs operated
under. the authority of this chapter shall be equipped with taxi
meters of the type and design approved by the pol ice depar:tment,
located in t~e vehicle so as to render the figures visible to the
passengers at all times, day and night. After sundown, the face of
the taxi meter shall be illuminated. Such taxi meter shall be sub
ject to inspection from time to time by the police department and
the police department shall require the certificate holder to dis
continue the operation of any taxicab in which the taxi meter is
found to calculate inaccurately until such ~axi meter is replaced
by one approved by the police department or is adjusted accurate
ly.
(b) It is unlawful for a taxicab dt·iver, while carrying
passengers, to display the flag or the device attached to the taxi
meter in such position as to denote that the vehicle is for hire,
to cause the taxi meter to record when the vehicle is not actually
employed, to fail to cause the device on the taxi meter to be
placed into a nonrecording position at the termination of each and
every service or to charge any fare other than that :recorded on the
taxi meter~
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4.42.200 Schedule of Rates, Display. The certifi-
cate holder shall file, with the application for a certifi~ate, a
true and correct schedule of rates to be charged for the transpor
tation of passengers in any and all vehicles operated by said cer
tificate holder. A schedule of such charges shall be posted con
spicuousl.y in each vehicle operated by said certificate holder.
The rates shall not be changed or modified in any manner without
first filing the changed or modified rates with the chief of police
thirty (30) days prior to the effective date of such change or mod
ification •
.f .. 42,210 Interference with Inspection. It is unlaw-
ful for a certificate holder, owner, or driver of any vehicle de
fined in this chapter and operated in the city to interfere with or
prohibit any police officer of the city or any person designated by
the chief of police from at any time inspecting or. thoroughly exam
ining any such vehicle or any taxi meter used upon any taxicab.
•.42.220 Operating Regulations. (a) Direct route.
Any driver employed to carry any passenger to a definite p0int
!~ ha 1 l take the most direct route which will carry the passenger
safely and expeditiously to the point of destination.
{b) Receipt. Ever:y dr:.iver shall, if request.ed, give
a cocrect ceceipt upon payment of the correct fare.
(c) Interference w.ltb Vehicular. Traffic-Prohibited.
Vehicles shall not. be operated ov,:!r public streets ir. search of or
soliciting p~ospective passengers fo~ hire in such a manner as to
i!\terfece with vehicular· traffic.
(d) Capacity. No driver shall accept 1 take into the
~ehicle o~ transpo~t any larger number of passengers than the rated
seatj_ng capacity of the vehicle.
(e) Refusal t.o Carry Passengers,, It .i.s unlawful for
any dt·ive:r operating under. a permit issued pursuant to the terms of
this chapter to refuse, when the vehicle is in aervice, to trans
port any person who r~~~pr.·e£lents him or herself for carriage in a
sober and orderly manner and for a lawful purpose.
(f) Solicitation of Passengers. It is unlawful for
any driver to leave the side of the vehicle to solicit passengers
or to solicit passengers in a louder tone of voice than that used
in ordinary conversation.
4.,-t2.230 Maintenance of Vehicles. (a) It shall be
the respons i b i 1 i ty of th•a ce~;t if i ca te holder to assure that ever:y
vehicle operating under its certificate is in safe working order.
(b) The interior and exterior of each vehicle shall
be clean and well maintained and meet California Vehicle Code re
quirements at all times when in operation.
4. 42 .. 240 Perai ts Not Transferable. Except as other·-
w i se provided in this chapter, no perm.i t. issued under the pr.ov i
sions of this chapter may be sold, assigned, or otherwise transfer
red without the approval of the chief of police~
•. 42., 250 Duties of City. No duty described in this
chapter shall be considered a mandatory duty for purposec of the
California Torts Claim Act, Government Code Sections 815 et. seq.
Specifically, the failure of city to inspect any vehicle authorized
as a taxicab or other vehicle for hire pursuant to this chapter or
the negligent inspection of any such vehicle by city shall not
create liability under this chapter upon city.~
SECTION 2. 'fhe Council hereby repeals Chapter 4.42 of the
Palo Alto Munfcipal Code.
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SECTION 3. The Council finds that this is not a project under
the c"aiuornla Environmental Quality Act and, therefore, no envi
ronmentu.l impact assessment is necessary.
SEC'.CION 4. This ordinance shall become effective upon the
commencemento-f the thirty-first day after the Llay of .its passage.
INTRODUCED: ,June 1, 1981
PASS ED: June 15, 1981
.~YES: Bechtel, Fazzino, Fletcher p Henderson, Klein, Levy, Renzel 1 Witherspoon
NOES: Lyerly
ABST8tlTIONS: None
APPROVED:
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