CITY COUNCIL: Ordinance Amending Chapter 9.80 of Municipal Code to Establish Regulations of the Monterey County Regional Taxi Authority

Meeting Date: June 8, 2010
Prepared by: George E. Rawson

City Council
Agenda Item Summary

Name: Consideration of an Ordinance of the City Council of the City of Carmel-by-the-Sea Amending Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County Regional Taxi Authority (Second reading).

Description: The incorporated cities of Monterey County, along with the Monterey Airport and Monterey-Salinas Transit (MST), are forming a Regional Taxi Authority (RTA). To participate in the RTA, the existing Ordinance must be repealed and replaced with a new Ordinance that incorporates the RTA regulations by reference.

Overall Cost:
City Funds: N/A

Staff Recommendation:
Adopt the Ordinance, amending Chapter 9.80 of the Municipal Code related to “Taxicab Regulations”. The proposed Ordinance was reviewed and approved in form by the City Attorney.

Important Considerations:
The RTA regulations are designed to comply with Government Code § 53075.5 to protect the health, safety, and welfare of persons utilizing taxicab services.

Decision Record: City Council passed the first reading of the proposed Ordinance at its meeting on May 4, 2010.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
ORDINANCE 2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA AMENDING CHAPTER 9.80 OF THE MUNICIPAL CODE TO ESTABLISH REGULATIONS OF THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY

WHEREAS, each municipality in Monterey County is presently responsible for the licensing and regulation of taxicab operations within their respective boundaries; and.

WHEREAS, the Transportation Agency for Monterey County (“TAMC”) was asked
by the Monterey Peninsula Police Chiefs and the Monterey County Hospitality Association to prepare a Regional Taxi Study to identify regional issues regarding taxi service, and to make recommendations regarding a Regional Taxi Authority (“RTA” or “Authority”) that would
assume the responsibilities of each jurisdiction for taxi permitting; and

WHEREAS, the Study recommended Monterey-Salinas Transit (“MST”) administer a Regional Taxi Authority, to include the MST member jurisdictions and the MPAD, to incorporate a “one-stop-shop” for taxi permitting; and

WHEREAS, the City Council of Carmel by-the Sea (“City”) has the opportunity to participate in a Joint Powers Agreement (“JPA”) establishing the Regional Taxi Authority; and

WHEREAS, California Government Code § 53075.5 requires each city to adopt an ordinance or resolution in regard to taxicab transportation service within the city, including the regulation of employment of taxicab drivers, establishment or registration of rates for taxicab transportation service, and a drug and alcohol testing program; and

WHEREAS, the proposed ordinance must be adopted by the Council to replace
existing ordinances and incorporate the RTA regulations by reference, which are designed to comply with Government Code § 53075.5 and to protect the health, safety, and welfare of persons utilizing taxicab services in member agencies (“Regulations”); and

WHEREAS, the Council desires to adopt the regulations in the form of an
Amendment to the Municipal Code; and

WHEREAS, notice of the public hearing was published in The Carmel Pine Cone on April 23, 2010; and

WHEREAS, this ordinance amends the Municipal Code to repeal and reenact Chapter 9.80 entitled “Taxicabs” to establish the RTA.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby resolve to:

Repeal Municipal Code Chapter 9.80 Taxicabs as specified in Attachment “A.”
Reenact Municipal Code Chapter 9.80 Taxicabs as specified in Attachment “B.”

Severability. If any part of this Ordinance, even as small a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.

Effective Date: This Ordinance shall become effective 30 days after final adoption by the City Council.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 8th day of June 2010 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

____________________________
SUE McCLOUD, MAYOR

ATTEST:

____________________________
Heidi Burch, City Clerk

ATTACHMENT “A”
Chapter 9.80
TAXICABS*
Sections:
9.80.010 Definitions.
9.80.020 Permit – Required.
9.80.030 Permit – Conditions.
9.80.040 Permit – Renewal – Transfer.
9.80.050 Permit – Power to Revoke.
9.80.060 Permit – Application and Renewal Fee.
9.80.070 Permit – Certificate.
9.80.080 Chief of Police – Duty to Enforce.
9.80.090 Appeal – Hearing.
* For statutory provisions authorizing local authorities to license and regulate vehicles for hire, see Vehicle Code §§ 16501, 2110 and 2112; for provisions on financial responsibility of commercial passenger vehicles, see Vehicle Code § 16500 et seq.

9.80.010 Definitions.
For the purpose of this title, the following terms shall be deemed and construed to have the meanings respectively ascribed to them in this section, unless from the
particular context it clearly appears that some other meaning is intended.
A. “Driver” means and includes every person in actual charge and control of any
taxicab as the driver thereof.
B. “Motor vehicle” means every self-propelled vehicle used for transportation of
persons over the public highways otherwise than upon fixed rails of tracks.
C. “Owner” means and includes every person, firm or corporation owning or
controlling any taxicab or automobile for hire.
D. “Taxicab” means and includes every motor vehicle used in the business of
carrying passengers for hire, the destination and route of which are under the control
of the passenger or passengers being carried therein. (Ord. 90-5 § 2 (Exh. A), 1990;
Ord. 88-2 § 3 (Exh. C), 1988).
9.80.020 Permit – Required.
It is unlawful for any driver to operate or drive any taxicab unless the driver thereof
has obtained a driver’s permit as provided in this title, and the permit is in full force
and effect. The application for such a driver’s permit shall be made to the Chief of
Police. The permit shall set forth the following information about the applicant: name,
age, address, past experience in operating automobiles, the names and addresses of
employers during the preceding period of three years, driver’s license number,
whether or not a driver’s license issued to the applicant by the State of California or
any other State or governmental agency has ever been suspended, cancelled or
revoked, whether the applicant has ever been convicted of a felony or a
misdemeanor, the name and address of the owner by whom the applicant will be
employed as a driver (the owner shall endorse the application), and such additional
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information as the Chief of Police may require. (Ord. 90-5 § 2 (Exh. A), 1990; Ord.
88-2 § 3 (Exh. C), 1988).
9.80.030 Permit – Conditions.
A. Upon application for a driver’s permit, and before it shall be issued, the driver,
whether the owner or otherwise, must evidence a proficient knowledge of the traffic
laws of the City and of the State, and demonstrate ability to operate the type of motor
vehicle for which the driver’s permit is sought, to the satisfaction of the Chief of
Police. Upon satisfying the foregoing requirements, the driver shall be fingerprinted
by, and her/his record filed in, the Police Department Bureau of Identification. Every
driver’s permit issued under this chapter shall set forth the name of the owner by
whom the driver is employed and shall be valid only so long as the driver continues in
the employ of such owner. Upon the termination of such employment, the driver shall
forthwith surrender the driver’s permit to the Chief of Police. No such driver’s permit
shall be granted to any person under the age of 21 years. Such driver’s permit may
be denied upon substantial evidence of facts of either physical or moral deficiencies
of the applicant which in the sound discretion of the Chief of Police would render an
applicant not a competent person to operate a taxicab or automobile for hire;
provided, however, that no permit shall be issued to any person who shall have been
convicted in the courts of any State of the United States or any United States’ court of
any of the following offenses:
1. Any felony;
2. Driving a motor vehicle in a reckless manner or while under the influence of
an intoxicant or narcotics;
3. Imparting knowledge for the illegal obtaining of narcotics or intoxicating
liquors;
4. Assault and battery;
5. Any law or ordinance involving moral turpitude;
6. Violating any of the provisions of this chapter.
B. Convictions which have been expunged or followed by dismissal may be taken
into consideration by the Chief of Police but shall not automatically result in the denial
of a permit. Before denying a permit on the basis of substantial evidence of facts of
either physical or moral deficiencies, the Chief of Police shall inform the applicant of
the act on which the proposed denial is based and offer the applicant an opportunity
to present to the Chief of Police facts which would rebut the evidence on which the
proposed denial is based. (Ord. 90-5 § 2 (Exh. A), 1990; Ord. 88-2 § 3 (Exh. C),
1988).
9.80.040 Permit – Renewal – Transfer.
No driver’s permit issued pursuant to this code shall be transferable. Each driver’s
permit shall be issued for one year and shall be renewed annually within two weeks
prior to the day and month of its issuance. At the time of renewal, any information
which is no longer accurate which appears on the application for the permit shall be
updated so that the Police Department is in possession of a completely updated
application on the date of the renewal. (Ord. 90-5 § 2 (Exh. A), 1990; Ord. 88-2 § 3
(Exh. C), 1988).
9.80.050 Permit – Power to Revoke.
The Chief of Police shall have the power to revoke or suspend any driver’s permit
issued under this title in the event the holder thereof shall be found guilty of a
violation of any of the provisions of this code or shall be found guilty of reckless
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driving, or if s/he has violated any other law, which is sufficient evidence of the fact
that said driver is not a competent person to operate the motor vehicle for which the
driver’s permit was issued. 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 Chief of Police. (Ord. 90-5 § 2 (Exh. A),
1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.060 Permit – Application and Renewal Fee.
To cover administrative costs, application and renewal fees shall be paid by each
applicant for a driver’s permit. All such fees shall accompany the application or
request for renewal and shall be collected on behalf of the City by the Chief of Police.
The amount of said fees shall be established by resolution of the City Council and
may be amended from time to time. (Ord. 93-29 § 1 (Exh. A), 1993; Ord. 90-5 § 2
(Exh. A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.070 Permit – Certificate.
When any permit is granted under this chapter, the Chief of Police shall issue to
the grantee thereof a certificate giving the name and address of the grantee, the
nature of the permit granted, and the name and address of the owner. (Ord. 90-5 § 2
(Exh. A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.080 Chief of Police – Duty to Enforce.
It shall be the duty of the Chief of Police of the City to enforce the provisions of this
chapter. (Ord. 90-5 § 2 (Exh. A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.090 Appeal – Hearing.
Any person who shall have been refused an operator’s permit, or whose operator’s
permit shall have been revoked or renewal refused by the Chief of Police, may, within
10 days after the receipt of notice thereof, appeal to the City Council for hearing
thereon. The City Council shall at its next regular meeting hear the appellant and the
appellant’s witnesses, and its determination in this regard shall be final. If no appeal
is taken within 10 days, the action of the Chief of Police shall be final. (Ord. 90-5 § 2
(Exh. A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
dtSearch 7.61 (7769)
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ATTACHMENT “B”
CHAPTER 9.80
TAXICABS
9.08.010 General Provision.
9.08.020 Definitions.
9.08.030 Determination of number of taxicabs to be operated in the City.
9.08.040 Continued operation of authorized business required.
9.08.050 Compliance with state and local laws and regulations.
9.08.060 Insurance requirements and hold harmless
9.08.070 Rates and fares - generally
9.08.080 Condition of vehicles generally.
9.08.090 Exterior signage required
9.08.100 “For Hire” lights required
9.08.110 Illumination of passenger compartment required at certain times.
9.08.120 Inspection of vehicles; inspection fee.
9.08.130 Establishment and use of taxicab stands.
9.08.140 Solicitation of passengers prohibited; exception.
9.08.150 Vehicles standing in streets or public place prohibited; exception.
9.08.160 Prohibited conduct by drivers.
9.08.170 Authorization to pick-up passengers by permitted drivers.
9.08.180 Keeping of tripsheets required.
9.08.190 Keeping of records by owners required.
9.08.200 Reports of found property.
9.08.210 Service to general public.
9.08.220 Owner’s permit required.
9.08.230 Taxicab Driver’s Permit required.
9.08.240 Mandatory controlled substance and alcohol testing program.
9.08.250 Taximeters.
9.08.010 General Provision.
It shall be unlawful for any person, firm, or corporation to operate any taxicab
business, or for any owner or driver to operate or drive any taxicab except in
compliance with the provisions of this Chapter.
9.08.020 Definitions.
For purposes of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this Section:
“Certificate” means a certificate of public convenience and necessity issued by the
Regional Taxi Authority.
“Driver” means every person in charge of operating any taxicab, either as owner,
agent, employee, or otherwise, or under the direction of an owner.
“Owner” means every person, firm, or corporation that owns or has contracted for the
use or control of any taxicab, whether as owner, lessee, or otherwise.
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“Regional Taxi Authority,” “Authority,” or “RTA” means the Monterey County
Regional Taxi Authority.
“Regional Taxi Authority Area” means the land areas under the jurisdiction of the
member entities of the Regional Taxi Authority.
“Taxicab” means a passenger automobile equipped with a taximeter and used for
transportation of passengers over public streets and highways but not over a defined
route and irrespective of whether the travel extends beyond the City limits, and
operated at rates per mile or waiting time or both.
“Taximeter” means a mechanical or electronic instrument or device by which the
charge for hire of a taxicab is mechanically or electronically calculated based on rates
established by the Regional Taxi Authority, either for distance traveled, for waiting
time, or both, and upon which the charges are plainly registered by means of figures
indicating dollars and cents.
“Taxistand” means a place on public property or streets approved by the City as a
place where taxicabs may park and wait for hire.
9.08.030 Determination of number of taxicab businesses in the City.
No person shall engage in the business of operating any taxicab business within the
City without first having obtained a certificate of public convenience and necessity
(“Certificate") from the Regional Taxi Authority and an owner's permit. The Regional
Taxi Authority shall determine whether the number of taxicabs operating in the
Regional Taxi Authority Area meets the needs of the general public, and shall issue a
Certificate to any taxicab business only if it finds the public convenience and necessity
support the addition of more taxicabs operating within the Authority Area.
9.08.040 Continued operation of authorized business required.
Every person holding an owner’s permit under the provisions of this Chapter shall
regularly and daily operate the taxicab business from taxistands within the City to the
extent reasonably necessary to meet public demand for such service on a 24 hour a day
basis. Failure to comply with this provision shall constitute abandonment of service
and the Regional Taxi Authority, after a noticed public hearing, may revoke the
owner’s permit if a violation of this section is demonstrated.
9.08.050 Compliance with state and local laws and regulations.
All taxicabs authorized to operate with the City shall be properly licensed with the
California Department of Motor Vehicles, and shall further comply with all state and
local laws and regulations relating to the licensing and commercial operation of
taxicabs. All taxicabs shall be registered under the firm name or the name of the
individual holding the owner’s permit.
No vehicle used or intended to be used in taxicab service in the City shall be rented to
any owner or driver unless such owner or driver has obtained the appropriate permit(s)
pursuant to this Chapter.
9.08.060 Insurance requirements and hold harmless.
All taxicabs authorized to operate within the City shall, and by acceptance of the
Regional Taxi Authority taxicab permit, do agree to hereby indemnify, defend and
hold the Regional Taxi Authority, its member jurisdictions, their officers, employees
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and agents harmless from any and all damages, claims, liabilities, costs, suits, or other
expense resulting from and arising out of their taxicab operations.
It shall be unlawful to drive or operate any taxicab in the City unless the vehicle owner
possesses current, valid commercial general liability and vehicle liability in amounts
and with conditions acceptable to the Regional Taxi Authority and evidenced through
certificates of insurance filed with the Authority.
The owner’s insurance shall remain in full force, at a level at least equal to the
minimum requirements of the Regional Taxi Authority, or the owner’s permit shall
automatically be suspended until such time as full compliance with the requirements
of this section are demonstrated to the Authority’s satisfaction.
9.08.070 Rates and fares - generally.
The Board of the Regional Taxi Authority, upon its own motion or upon application of
an owner's permit holder, may set, establish, change, modify or amend the schedule of
rates to be charged by all vehicles operated by each holder of an owner's permit
under the provisions of this Chapter. No rates shall be set, established, changed,
modified or amended without a public hearing before the Board. Notice of such
hearing shall be given to each owner's permit holder, in writing, by the Board at least
five (5) days before such hearing, and the Board may give such other notice as it shall
Deem necessary.
Fares shall be conspicuously displayed in the passenger compartment of each taxicab
where it is readily visible and readable by passengers in front and rear seats.
The taxicab rate or fare shall be determined by a taximeter in accordance with the
schedule established by the Regional Taxi Authority. Following public hearing as
required herein, the Authority shall establish the rate or fare by resolution.
It shall be unlawful to fix, charge, or collect a rate in excess of the rate schedule
approved by the Regional Taxi Authority.
9.08.080 Condition of vehicles - generally.
No owner or driver shall operate, permit to be operated, or cause to be operated any
motor vehicle for hire while the same or any of the equipment used thereon or
therewith is in a defective, unsafe or unsanitary condition.
9.08.090 Exterior signage required.
Every taxicab operated in the City shall have displayed on each side and the rear of the
vehicle the taxicab business name as it appears on the owner’s permit, together with
the owner’s identification number and the telephone number of the taxicab business.
The lettering of the signs and all signs to be displayed on any taxicab shall be
approved by the Regional Taxi Authority.
9.08.100 “For Hire” lights required.
Every taxicab shall be equipped with a “For Hire” light attached to the top of the roof
or to the top of the dome light. The light of the “For Hire” light unit shall be connected
to a contact switch attached to the taximeter, and such contact switch shall operate
automatically to illuminate the “For Hire” light when the taximeter is not in operation,
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indicating the cab is vacant and for hire, and to extinguish such light when the
taximeter is in operation. No person shall drive or operate any taxicab with such a
light illuminated while carrying passengers for compensation; or drive or operate any
taxicab unless such a light is illuminated when such taxicab is for hire.
9.08.110 Illumination of passenger compartment required at certain times.
Every motor vehicle for hire shall at all times be equipped with a light of not less than
two candlepower within such vehicle, so arranged as to illuminate the entire passenger
compartment, which light shall be kept constantly lighted at all times while any
passengers are being loaded into or unloaded from any such vehicle from one-half
hour after sunset of any day until one-half hour before sunrise of the next day, and no
shades or blinds shall be drawn over the windows of any such vehicle while the same
is occupied.
9.08.120 Inspection of vehicles; inspection fee.
(a) All taxicabs shall submit to an annual inspection as required by the Regional
Taxi Authority. All taxicabs shall possess all of the equipment listed on the Regional
Taxi Authority Taxicab Safety Inspection Checklist, and all such equipment shall be in
good working order and repair. The Authority shall establish the standard for good
working order.
(b) Upon satisfactory completion of such inspection, the Regional Taxi Authority
shall issue and affix an approval decal or sticker to the taxicab that authorizes the
operation of the vehicle for a one-year period. All decals issued by the Authority shall
be displayed at the rear of the vehicle on the driver’s side rear window. It shall be
unlawful to transfer the decal or sticker to any other vehicle, and no taxicab shall be
operated without a valid decal or sticker properly displayed.
(c) Any law enforcement officer shall have the right and shall be permitted at any
time to inspect any taxicab to ascertain whether the provisions of this Chapter are
being met. During an inspection, the driver of the taxicab shall produce for inspection
the following documents:
(1) valid California vehicle registration;
(2) valid proof of insurance document; and
(3) a valid California driver’s license.
(d) The Regional Taxi Authority shall establish a taxicab safety inspection fee that
shall be due annually upon inspection.
(e) Any taxicab that fails any safety inspection shall be given an opportunity to
make repairs or correct defects and be re-inspected. Any such cab failing an inspection
shall be removed from service until such time as compliance is met. A safety
inspection is “failed” if any law enforcement officer or Regional Taxi Authority or
City designated mechanic determines the vehicle is not in compliance with the
provisions of this Chapter or any required inspection program established by the
Authority, or if the taxicab is unsafe, unsanitary, or unsightly. Any such taxicab shall
be removed from service until such conditions are corrected. Such vehicle shall be reinspected
prior to being returned to service.
(f) Should a law enforcement officer or a Regional Taxi Authority employee
determine that a taxi should be removed from service, such person is authorized to
remove the decal or sticker designating that the taxi is authorized to operate. When
the taxi has satisfactorily passed an inspection, a new decal or sticker will be issued by
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the Regional Taxi Authority and a nominal fee will be charged for the new decal or
sticker.
9.08.130 Establishment and use of taxicab stands.
(a) The City Council may, by resolution, locate and designate taxicab stands or
designated curb space on any public street in the City, which stands, when so
established, shall be appropriately designated, “Taxis Only.” Taxicab stands so
established shall be in operation during the hours designated by the City Council.
(b) If designated taxicab stands are so established, no owner, driver or operator of
any taxicab shall allow such taxicab to remain parked, while awaiting employment,
except in a regularly established taxicab stand. Taxicabs may park in any available
parking space when actually engaged in loading or unloading passengers if permitted
by ordinance.
9.08.140 Solicitation of passengers prohibited; exception.
No taxicab driver, or person acting on behalf of any such driver, shall solicit
passengers except from an approved taxicab stand.
9.08.150 Taxicabs standing in streets or public place prohibited; exception.
No taxicab shall be allowed to remain standing on a public street or in a public place
unless it is attended by a driver, except when the driver is assisting passengers to load
or unload, is answering his telephone or displays a sign reading “Not for Hire.”
9.08.160 Prohibited conduct by drivers.
(a) No driver, or any person acting on behalf of any such driver, shall engage in
any disorderly or inappropriate conduct while in the performance of his or her duties
as a taxicab operator, including, but not limited to, obstruction of any street or
sidewalk, making of loud or unusual noises to attract the attention of potential
customers, use of indecent, profane, or obscene language, boisterous or loud talking
that might disturb the peace and quiet of others in the area, harassment of passersby,
interference with, obstruction of, or impeding of the free passage of potential
passengers, or seizing or grabbing any baggage carried by or belonging to potential
passengers prior to being hired to provide transportation.
(b) No taxicab driver shall smoke or permit any smoking to occur within any
taxicab at any time. No smoking signs shall be prominently displayed in every taxicab.
9.08.170 Authorization to pick-up passengers by permitted drivers.
Taxis that have been permitted by the Regional Taxi Authority can pick-up passengers
within and between the Authority Area. Taxis authorized to operate in other
jurisdictions not participating in the Regional Taxi Authority may drop-off but not
pick-up passengers within the Authority area.
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9.08.180 Keeping of tripsheets required.
The driver of each taxicab shall keep a separate tripsheet of every service rendered by
the driver, and shall include the following information:
(a) the location where the passenger(s) entered the taxicab;
(b) the number of passengers;
(c) the time the passengers entered the taxicab;
(d) the location where the passengers were discharged; and
(e) the amount of fare collected.
The owner of every taxicab shall keep such tripsheets in the business office for
a period of one (1) year after the date service is rendered, and they shall be
open and available for inspection by any representative of the Regional Taxi
Authority at all times during business hours. The falsification of any tripsheet
by any owner or driver shall be grounds for revocation of his or her permit.
9.08.190 Keeping of records by owners required.
(a) The owner of every taxicab business shall keep a dispatch sheet which shows
the time of dispatch of every taxicab.
(b) Every owner and every employer of taxicab drivers, including self-employed
drivers, shall keep and maintain a complete and accurate record of all drivers,
which record shall show for each employee his or her name, address, date of
hire, date of termination, the number of the taxicab operated by the driver, the
hours of employment for each driver, a list of absences from employment, and
all motor vehicle violations, all traffic accidents, all complaints received from
passengers or others, and the test results from controlled substance and alcohol
testing. These records shall be subject to inspection by the Regional Taxi
Authority at any time upon demand, and shall not be destroyed without the
written permission of the Authority.
(c) Every taxicab owner and employer of taxicab drivers shall notify the Regional
Taxi Authority in writing within five (5) working days upon termination of
employment of any taxicab driver.
9.08.200 Reports of found property.
(a) All property found in taxicabs not belonging to the driver or the taxicab owner
shall be delivered to Monterey-Salinas Transit within 24 hours of discovery
unless otherwise returned to the rightful owner. Every owner shall keep a log
of all found property.
(b) Every owner and driver shall attempt to return found property to any person
claiming to have lost or left property in a taxicab. If the lost property is not
found, the owner and driver shall advise the passenger to file a lost property
report with the Police Department within the jurisdiction of the drop-off point.
9.08.210 Service to general public.
(a) No driver of any taxicab shall refuse to carry any person seeking transportation
and tendering the fare for the service within the City unless the vehicle is
already in service, the person seeking transportation is unruly, boisterous, or
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intoxicated, or where the person seeking transportation is known to the driver
to have been unruly, created problems of a confrontational nature or refused
full payment in the past.
(b) The Regional Taxi Authority shall be responsible for maintaining files of and
investigating complaints regarding taxicab service and shall initiate appropriate
action against taxicab drivers and owners when a complaint or complaints
warrant such action.
9.08.220 Owner’s permit.
(a) No person shall engage in the business of operating any taxicab within the City
without first having obtained an owner’s permit from the Regional Taxi
Authority, except as otherwise provided in this Chapter.
(b) An owner’s permit shall be required for each additional or different taxicab.
(c) If a permitee wishes to substitute one vehicle for another, he or she shall file an
application with the Regional Taxi Authority who shall cause the taxicab to be
submitted to a normal safety inspection, and if the vehicle passes, an approval
decal or sticker will be affixed to the substitute taxicab and the decal or sticker
will be removed from the original vehicle.
(d) Owner’s permit application; application fee. All persons or businesses
applying for an owner’s permit under this Chapter shall file with the Regional
Taxi Authority an application, under penalty of perjury, including the
following information:
(1) The name, residence and business address(es) of the applicant.
(2) Social security numbers, driver’s license numbers, and dates of birth
for all persons named in the application. If the applicant is a partnership
or corporation, then the information shall be provided for each partner
or corporate officer.
(3) Fictitious name under which the business is proposed to operate.
(4) Whether any license, permit, or certificate sought by the applicant has
been denied, revoked, or suspended by any public agency, explaining in
full the circumstances of any denial, revocation, or suspension.
(5) The number and type of vehicles proposed to be operated in the
business, including year, make, model, license number, VIN, and
company-assigned taxicab number.
(6) The color, name, monogram of insignia to appear on the vehicles.
(7) A complete schedule of fares or rates to be charged and services to be
operated, demonstrating compliance with existing fares and rates as
established by the Regional Taxi Authority.
(8) The location where the business will be operated, including dispatch
facilities, storage facilities, repair and maintenance facilities, and fuel
dispensing operations.
(9) Copies of required insurance policies or if not yet issued, a written
statement from an insurer that such policies will be issued if the
application is granted.
(10) A statement as to whether any applicant, partner, or corporate officer,
has been convicted of any misdemeanor or crime, or violation of any
municipal ordinance other than minor parking and traffic offenses, the
nature of the offense and the punishment or penalty assessed.
(11) The facts upon which the applicant believes tends to prove that public
convenience and necessity require the granting of a permit.
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(12) Such other information as the Regional Taxi Authority may deem
necessary for promotion of the public health, safety, and welfare.
The Regional Taxi Authority shall establish an owner’s permit application fee that
shall accompany any such application.
(e) Owner’s permit application process. Upon receipt of an application for an
owner’s permit under this Chapter, the Regional Taxi Authority staff shall
undertake a preliminary investigation to verify the criminal history information
submitted by the applicant and shall submit the applicant’s fingerprints to the
State of California for criminal history review.
The Regional Taxi Authority shall review the application and the recommendation
from the Authority staff to determine if it appears there is a need and necessity for the
taxicab services proposed, and whether the applicant is of suitable character to provide
such services. The Regional Taxi Authority may require the applicant to provide
financial information and other documentation to demonstrate the ability to
appropriately and lawfully operate the taxicab business proposed. The application
shall be reviewed by the Regional Taxi Authority at a noticed public hearing.
The Regional Taxi Authority shall approve any such application only if the following
findings are first made:
(1) The applicant is financially responsible as determined by the Regional
Taxi Authority.
(2) The applicant is of good moral character consistent with federal, state,
and local laws for the public services that will be provided by the
owner.
(3) Existing taxicab businesses are not adequately serving the public with
respect to taxicab services.
(4) Such additional taxicab service will not result in a greater hazard to the
public or create substantial traffic or parking problems.
(5) The application shall be denied if any of the following findings are first
made:
(A) The public convenience and necessity do not require the
proposed service.
(B) The application fails to contain any of the required information
as set forth above.
(f) Suspension or revocation of Owner’s Permit. The Regional Taxi Authority
shall have the power to suspend or revoke any owner’s permit to operate a
taxicab for a violation of any of the provisions of this Chapter or any ordinance
relating to traffic or use of streets; for a failure to pay any judgment for
damages arising from the unlawful or negligent operation of the public motor
vehicle for which any owner’s permit was issued; for conduct on the part of
any owner which is not conducive to proper service to the public, or to proper
relationships with any competitive owner; or for, but not limited to any of the
following reasons:
(1) Providing late, false, or inaccurate information in the owner’s permit
application;
(2) Allowing operation of a taxicab by a driver not possessing a valid
Regional Taxi Authority Driver permit stating that the driver is
affiliated with the permittee;
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(3) Failure to comply with the Authority’s regulations;
(4) Failure of authorized drivers to comply with the Authority’s
regulations;
(5) Operation of any taxicab at a rate higher than the authorized fares;
(6) Failure to comply with the participating jurisdictions’ law enforcement
officers, code enforcement officers, Authority staff, and/or California
Highway Patrol;
(7) Operating its business without the insurance required in these
regulations;
(8) Failure to comply with the drug and alcohol policy requirements in
these regulations;
(9) Failure to fully satisfy any court judgment entered against the company
arising from liability for operating cabs, including but not limited to,
judgments related to collisions or operating without the requisite
insurance, within 15 years after the judgment was originally entered; or
(10) Being held liable under any judgment, decision or determination by any
public or regulatory agency for operating cabs without the requisite
insurance after the adoption of these regulations.
(g) Transferability. No owner’s permit issued under this Chapter shall be
assignable or transferable without the prior approval of the Regional Taxi
Authority. Prior to presenting the proposed assignment or transfer to the
Authority, the transferee shall first submit a statement with the Authority staff
setting forth the information required to be furnished on an original application
as set forth in section 7.16.220 (d), above. The Authority shall investigate the
transferee in the same manner as a new applicant and make a recommendation
to approve or disapprove the transfer to the Regional Taxi Authority Board of
Directors within forty-five (45) days after the statement is received.
9.08.230 Taxicab Driver’s Permit required.
(a) It shall be unlawful for any person to operate any taxicab in the City unless he
or she has a valid taxicab driver’s permit issued by the Regional Taxi
Authority.
The Regional Taxi Authority staff shall administer and maintain taxicab
driver’s permits and records for taxicabs operating in the City.
(b) Taxicab Driver’s Permit application; process. Application for a taxicab driver’s
permit shall be filed with the Authority, along with any fee(s) as established by
the Regional Taxi Authority for the issuance of such permit. The application
shall be in writing and made under penalty of perjury. The Authority shall
undertake a preliminary investigation to verify the criminal history information
submitted by the applicant and shall submit the applicant’s fingerprints to the
State of California for criminal history review. Any information submitted in
the application that is false, or any required information that is omitted, shall
result in denial of the permit. The application shall include but not be limited to
the following information:
(1) The name, age, and address of the applicant.
(2) Past experience operating motor vehicles generally and taxicabs
specifically.
(3) The names and addresses of former employers during the preceding three
(3) year period.
(4) The places of residence during the preceding three (3) year period.
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(5) Whether or not a driver’s license issued to the applicant has ever been
revoked or suspended.
(6) A copy of the applicant’s current driver’s license and a DMV H-6 Driving
Record and Vehicle Registration Report.
(7) An endorsement of the owner of the taxicab business for whom the
applicant seeks to drive a taxicab.
(8) Proof of the applicant’s negative test results for controlled substances and
alcohol.
Upon the request of an applicant, the Regional Taxi Authority shall provide a list of
the consortia certified pursuant to part 382 (commencing with § 382.101) of Title 49
of the Code of Federal Regulations that the Authority knows offers controlled
substance and alcohol tests in Monterey County.
(c) Taxicab Driver’s Permit application fee. An application for a taxicab driver’s
permit shall be made to the Regional Taxi Authority, and at the time of filing
such application, a fee in an amount to be set by resolution shall be paid to the
Regional Taxi Authority; provided that such fee shall include the amount set
by the state to cover the cost of processing such applications.
(d) Taxicab Driver’s Permit requirements and prohibitions. No taxicab driver’s
permit shall be issued to any person who:
(1) Is under age 21 at the time of application.
(2) Fails to provide documentation of either citizenship or employment
authorization as required by the Immigration and Reform Control Act
of 1986 (8 USC § 1324a).
(3) Has been convicted of a felony.
(4) Has been convicted of any offense specified in the CA Vehicle Code
involving reckless driving or alcohol or drug offenses except
convictions more than seven (7) years old or whose convictions have
been expunged or set aside pursuant to satisfactory completion of a
Court approved diversion program.
(5) Has been convicted of two or more violations of the offenses set forth
in Sections 22349 through 22352 of the California Vehicle Code, and
amendments thereto, or any combination of either or any of such
offenses within one year immediately preceding submittal of an
application for or renewal of a driver’s permit;
(6) Fails to possess a valid driver’s license suitable for operation of a
taxicab.
(7) Has received a positive test result in any random test for controlled
substances or alcohol within the past twelve (12) months.
(8) Provides false or materially incomplete information required for
issuance of the permit.
(9) Has been convicted of an offense which requires registration pursuant
to CA Penal Code § 290.
(10) Has been convicted within five (5) years of an offense involving the
sale of a controlled substance even if expunged pursuant to CA Penal
Code § 1203.4.
(11) Has been convicted within five (5) years of any offense involving the
use of force or violence upon another person.
(12) Has been convicted of more than one violation of driving while under
the influence of any drug or alcohol within the past seven (7) years
prior to application.
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(13) Is on parole or probation for a crime, and the crime is substantially
related to the qualifications, functions, or duties of a taxicab driver in a
potentially negative manner.
(14) Has had a taxicab driver’s permit issued by any jurisdiction revoked
within the past three (3) years.
(15) Fails to provide a medical clearance that meets the standard set forth by
the California Department of Motor Vehicles, Motor Carrier Safety
Regulations (49 CFR 391.41 - 391.49). This is satisfied by providing a
completed Medical Examination Report for Commercial Driver Fitness
Determination form or a Medical Examiner’s Certificate issued by the
California Department of Motor Vehicles.
Every taxicab driver’s permit issued pursuant to this Chapter shall set forth the name
of the owner for whom such driver is authorized to operate a taxicab, and shall be
valid only so long as the driver continues to drive for such owner.
All drivers of taxicabs shall display their taxicab driver’s permit in a conspicuous
place in the passenger compartment of the taxicab whenever the taxicab is being used
to transport passengers.
(e) Issuance of permits. The Regional Taxi Authority shall investigate the
applicant for a taxicab driver’s permit under this Chapter and after such
investigation shall either grant or deny the permit. Any person whose
application has been denied may within ten (10) days after such denial request
that the denial of his application be reviewed by the Regional Taxi Authority
Board of Directors. The Authority Board of Directors shall, after a hearing,
either grant or deny such permit.
(f) Renewal of permit; termination.
(1) All taxicab drivers’ permits issued pursuant to this Chapter expire annually
on their anniversary date unless earlier terminated, suspended, or revoked
pursuant to the provisions set forth herein.
(2) Drivers may renew their permit if still qualified to operate a taxicab by
meeting all the permit requirements set forth in this Chapter for new taxicab
driver’s permits, including, but not limited to, passing the test for controlled
substances and alcohol.
(3) Taxicab driver’s permits are void upon termination of taxicab driver’s
employment with the owner listed on their permit. Each driver shall return the
permit to the Regional Taxi Authority upon such termination.
(4) It shall be unlawful to transfer any taxicab driver’s permit to any other
person.
(g) Suspension or revocation of permit. Either the Regional Taxi Authority or the
Chief of Police shall have the authority to immediately suspend any taxicab
driver’s permit in the event the holder is arrested, charged, or cited for any
violation of the CA Vehicle Code. The Regional Taxi Authority may suspend
or refuse to renew any taxicab driver’s permit if the driver is:
(1) Convicted of, or has plead guilty or nolo contendere to, the violation of
any law within the past five (5) years involving the commission of a
misdemeanor, including, but not limited to, any sexual offense; the illegal use,
possession, or distribution of drugs or other controlled substances; any charge
involving robbery, theft, stolen property, assault, battery; or any crime
involving moral turpitude that occurred within the past five (5) years.
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(2) Convicted of driving recklessly or while under the influence of alcohol
or controlled substances;
(3) Has his or her driver’s license suspended or revoked;
(4) Found to test positive for any controlled substance or alcohol during
any test;
(5) Found to have violated any provision of this Chapter; or
(6) Found to have provided false information or omitted information
required on a taxicab driver’s permit application.
Any driver whose permit has been suspended may, within ten (10) days, file an appeal
with the Regional Taxi Authority Board of Directors. If no appeal is received within 10 days,
the taxicab permit shall be considered revoked and there will be no further right to an appeal,
unless the Regional Taxi Authority finds that there are reasonable grounds for failing to
appeal within the 10 day period. The Board of Directors shall hold a duly noticed public
hearing within [60] days from receiving the appeal, unless the taxicab driver agrees to an
extension or requests an expedited hearing. If an expedited hearing is requested the Regional
Taxi Authority shall endeavor to set an earlier date for the hearing but is not required to set an
earlier date.
The hearing shall comply with the applicable provisions for the protection of the due
process rights of the taxicab driver and the taxicab driver will be given the opportunity to be
heard. The Regional Taxi Authority Board of Directors shall adopt Rules for conducting the
hearing in compliance with applicable due process procedures. The Board shall either grant
or deny the appeal, based on substantial evidence and shall support its decision with factual
findings, in writing. The decision of the Board will issue within ten days of the conclusion of
the hearing and will be final. If the Board upholds the appeal, the taxicab driver’s permit shall
be reinstated. If the Board denies the appeal, the taxicab driver’s permit shall be revoked and
may only be reinstated as set forth in this Chapter.
A taxicab driver shall not operate a taxicab during the time period in which the
driver’s permit is suspended. The Regional Taxi Authority may, but is not required to, issue a
Temporary Permit, as set forth below, which will allow the taxicab driver to temporarily
operate until such time as the Regional Taxi Authority Board of Directors has issued a final
decision. In order to issue such a permit, the Regional Taxi Authority must, in addition to the
requirements set forth below, make findings that the public safety and health will not be
harmed by the issuance of a temporary driver’s permit and unusual circumstances exist which
require the issuance of a temporary driver’s permit.
(h) Temporary permits. The Regional Taxi Authority, in its sole discretion, may
grant a temporary permit to drive or operate any taxicab, pending final action
on any application for a permanent taxicab driver’s permit as provided in this
Chapter, but no such temporary permit may be issued to any person who does
not have a valid driver’s license issued by the state, who is not employed or
possessing a written offer of employment as a taxicab driver in the City, or
who has not provided evidence of negative controlled substance and alcohol
testing as required by Section 7.16.240 herein.
(i) Records to be kept by the Regional Taxi Authority. The Regional Taxi
Authority shall keep a record of each driver granted a taxicab driver’s permit
under the provisions of this Chapter, which record shall contain the full name,
age, residence, places of residence for two (2) years preceding the date of
application, race, weight, height, color of eyes and hair, fingerprints, place of
birth, places of previous employment covering three (3) years preceding the
date of application, whether the driver has ever been convicted of a felony or
of a misdemeanor, and whether he or she has ever been previously licensed as
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a driver, and if so, whether his or her license has ever been revoked and for
what cause.
9.08.240 Mandatory Controlled substance and Alcohol Testing
Program.
(a) Each taxicab driver shall test negative for each of the controlled substances
specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of
Federal Regulations, before employment. Each driver shall test negative for
these controlled substances and for alcohol as a condition of the driver’s
annual permit renewal. 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.
(b) Testing procedures shall be substantially as set forth in Part 40 (commencing
with Section 40.1) of Title 49 of the Code of Federal Regulations, except that
each driver shall show a valid California driver’s license at the time and place
of testing, and except as provided otherwise in this section. Requirements for
rehabilitation and return-to-duty and follow-up testing and other requirements,
except as provided otherwise in this section, shall be substantially as set forth
in Part 382 (commencing with Section 382.101) of Title 49 of the Code of
Federal Regulations.
(c) A test in one jurisdiction shall be accepted as meeting the same requirement in
the City or in any other jurisdiction. Any negative test result shall be accepted
for one (1) year as meeting a requirement for periodic permit renewal testing or
any other periodic testing in the City or any other jurisdiction, if the driver has
not tested positive subsequent to a negative result. However, an earlier
negative result shall not be accepted as meeting the pre-employment testing
requirement for any subsequent employment, or any testing requirements
under the program other than periodic testing.
(d) In the case of a self-employed independent driver, the test results shall be
reported directly to the Regional Taxi Authority, and the Authority shall notify
the taxicab leasing company of record, if any, of positive results. In all other
cases, the results shall be reported directly to the driver’s employer, who shall
immediately notify the Authority of the results.
(e) All tests are confidential and shall not be released without the consent of the
driver, except as authorized or required by law.
(f) Self-employed independent drivers shall be responsible for compliance with,
and shall pay all costs of, this program with regard to themselves. In all other
cases, taxicab owners and employers of drivers shall be responsible for
compliance with, and shall pay all costs of, this program with respect to their
employees and potential employees, except that an employer may require
employees who test positive to pay the costs of rehabilitation and of return-toduty
and follow-up testing.
(g) Taxicab owners, employers of drivers, and self-employed independent drivers
shall pay all service charges, fees, or assessments established by the Regional
Taxi Authority with respect to the owner’s employees and potential employees
in an amount sufficient to pay for the Authority’s costs of carrying out the
mandates of this section.
(h) No evidence derived from a positive test result pursuant to the program shall
be a criminal prosecution concerning unlawful possession, sale or distribution
of controlled substances.
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(i) For purposes of this Section, “employment” includes self-employment as
an independent driver or owner/operator of a taxicab.
9.08.250 Taximeters.
(a) Required in taxicabs. No person shall operate any taxicab in the City until such
taxicab is equipped with a taximeter of a type and design which has been
approved by the Regional Taxi Authority.
All taxicabs operated under the authority of this Chapter shall be equipped with
taximeters which conform to all applicable State of California laws and regulations
and shall be inspected, sealed, and certified by the County Department of Weights and
Measures.
(b) Inspection required; removal of vehicle with inaccurate meter.
(1) Every taximeter shall be inspected and tested for accuracy by the owner at
least annually. Taximeters shall be subject to inspection at any time by the
Regional Taxi Authority or any other authorized persons. Upon discovery of
any inaccuracy of such taximeter, the operator thereof shall remove, or cause
to be removed, from service any vehicle equipped with such taximeter until
such taximeter has been repaired and accurately adjusted.
(2) Records and evidence of inspection by the County Department of Weights
and Measures shall be submitted for verification at the time of each taxicab’s
annual vehicle inspection.
(c) Manner of placement in taxicabs. The taximeter required by this Chapter shall
be placed in each taxicab so that the reading dial showing the amount to be
charged is well lighted and readily discernible to a passenger riding in any such
taxicab.
(d) Accurate operation required. It shall be the duty of each person operating a
taxicab, and the driver thereof, to keep the taximeter therein operating at all
times within the accuracy and requirements of this Chapter and such additional
requirements as may be prescribed from time to time by the Regional Taxi
Authority.
(e) Use required for all passenger services. No passenger shall be carried in any
taxicab for hire unless the taximeter in such taxicab is in operation. This
Section shall apply regardless of whether the taxicab is engaged for a trip
entirely within the Regional Taxi Authority Area or partially outside thereof,
and such meter shall be kept operating continuously during the entire time that
it is engaged in the transportation of passengers for compensation, regardless
of the point of destination; except, that when the trip is in excess of fifteen (15)
miles a flat rate may be used for any part of the trip over the first fifteen (15)
miles.
(f) All charges to be in accordance with meters. All charges for taxicab service
shall be calculated and indicated by a taximeter, except as described in this
Chapter, and at all times while the taxicab is engaged the “flag” of the
taximeter shall be thrown into a position to register charges for mileage and
time. No taximeter shall be so operated as to cause any charge to be registered
thereon, except during the time while the taxicab is engaged by a passenger.
(g) Splitting of fares by two or more passengers. If two or more persons going in
the same direction share a taxicab the first party that is discharged from the
taxicab shall pay the charge on the meter, and the meter shall then be “flagged”
and a new fare started; except and unless, if the driver agrees at the inception
of the hire to drop the first fare without “re-flagging” and starting a new fare.
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(h) Proper use of “flag” required. No driver of any taxicab, while carrying
passengers, shall display the “flag” attached to the taximeter in such a position
as to denote that such vehicle is not employed, or fail to throw the “flag” of the
taximeter to a position indicating such vehicle is unemployed at the
termination of each service.”
SECTION 3. If any provision, section, paragraph, sentence, clause or phrase of this
ordinance, or any part thereof, or the application thereof to any person or circumstance
is for any reason held to be invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance, or any part thereof, or its application to other persons or circumstances.
The City Council hereby declares that it would have passed and adopted each
provision, section, paragraph, subparagraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, paragraphs, subparagraphs,
sentences, clauses or phrases, or the application thereof to any person or circumstance,
be declared invalid or unconstitutional.

SECTION 4. This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof or receipt of notification, in writing, that at least three other cities located on the Monterey Peninsula have executed the JPA, whichever comes last.