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Ordinance 883 ' ~ ~ ~ ORDINANCE iJO. 883 AN ORDINANCE OF THE CZTY OF CUPERTINO ADDING CHAPTER 5.28 TO THE CUPERTINO MUNICIPAL CODf: TO PROVIDE FOR THE LICENSING AND REGULATZON OF TAXICABS • THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN ~ AS FOLLOWS: • ; There is hereby added to the Municipal Code of the City of Cupertino, Chapter 5.28 which is to read as ~ , follows: • TAXICABS 5.28.010 Definitions For the purposes of ti~~s chapter, the following words and phrases shall hati~~: ~:F meanings respectively ascribed to them by this sec.;,n: a. Taxicab - a motor vehicle regularly engaged in the business of carryinq passenqers for hire, equipped with a taximeter, having a seatinq capacity of five (5) or less persons, excludinq the driver, and not operated on a fixed route. b. Taximeter - a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based and registers the amount of the fare in such a manner as to permit the gassenger to see said amount. c. Waiting time - the time when a taxicab is not in motion from the time of acceptance of a passenqer to the time of discharge, not including any time that the taxicab is not in motion due to any cause other than the request, act or fault of a passenger. d. Owner - is any person, firm, association • ar corporation engaged in the City o£ Cupertino in the business of operating a taxicab. -1- ' ~ ~ 5.28.015 Administrative ~uthoritv There is hereby conierre upon the City Managez those powers and duties necessarl for the administration of this Chapter. In addition, there is also conferred upon the City Manager, the authority and power to designate such offi- cers and employees of the City, and of other cooperating public agencies, such as the Sheriff's office, to assist him in carrying out the intent and purpose of this chapter. ! 5.28.020 Taximeter Required All taxicabs shall be operated on a mileage and waiting time basis, and shall be equipped with a taximeter. 5.28.030 Fare Schedule All owners or opera- tors of taxica s sna adopt uniform and reasonable schedules of charges for use of taxicabs; based upon the distance traveled or waiting time, or both, as may be indicated by such taximeter, which scnedule of fares shall be filed from time to time with the City Manager, or his designated representative, and shall 6e reviewed and approved by the City Council before being put into effect. No owner or operator shall charge or receive any other or different fare for the use of such taxicabs than that specified in such fare schedule and so recorded by such taximeter. Such fare shall not be amended except with the consent of the City Council. 5.28.040 Taximeter 0 eration tio taxicab sha11 be operate in t e City un ess suc taxicab is equipped with a taximeter as herein provided, and the owner and operator shall keep such meter operating at all times within such standard of accuracy as may be prescribed by the City Manager, or his designated representative. No passenger shall be carried in any such taxicab unless such taximeter shall be in operation. 5.28.050 Posting Schedule All owners and operators shall keep posted in a conspicuous place, and in a permanent and secure manner in the passenger com- partsnent of each taxicab, the schedule of fare charge- able for the use of the taxicab, and no owner or operator shall chanqe the schedule of fares so posted unless a new schedule of fares shall have been filed and approved in accordance with the provisions o~ tnis chapter. 5.28.060 Pernit Required Zt is unlawful to operate any taxicab in the C ty unless the owner thereof applies for, and obtains a permit to do so, which permit shall be applied for, granted, and in effect, all in com- pliance with the provisions of Section 5.28.070. -2- ~ ~ 5.28.070 Permit Application The application for such o~•~ner s permit snall be verified under oatn ar.d snall set forth: a. A full identification of the applicant and all persons to be directly or indirectly interested in the license, if granted. b. The residence and business address and the citizenship of the applicant, including all members of any firm, or partnership, or all officers and directors of any corporation applying. c. 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. d. The exact nature of the proposed business for which the permit is requested, and the name i under which it is to be operated. e. The past experience of the applicant in the matter to which tkie requested permit apper- tains; and the name, address, and past experience of the person to be in charge of the premises or business. f. whether or not any permit has been revoked, and if so, the circumstances of such re- vocation. g. The number of vehicles proposed to be operated. h. A complete description of the vehicles proposed to be operated and of tne proposed oper- ations, together with the initial rates to be charged therefor; ' i. The color scheme and characteristics insignia to be used to designate the vehicles of the owner. j. A statement from a responsible solvent corporation authorized to issue public liability ' and property damage insurance in the state, and that in the event the application is qranted, that it will issue a policy of insurance to the applicant in the manner and form required by this Chapter. -3- ~ ~ k. An agreement that in the event the application is gzanted, that applicant will keep in operation not less than one-third oi the number of taxicabs for which a license has been granted each day, from nidnignt to six o'clock a.m.; not less than one-half of the number of taxicabs for wnich a license has been granted ' each day from six o'clock a.m. to eight o'clock ' p:.m.; and not less than one-third of the number of taxicabs foz which a license has been granted each day from eight o'clock p.m. to midnight. Each•application must be for a minimum of not less than three taxicabs. 1. An agreement whereby the applicant aqrees that he will maintain on the premises of his principal place of business, in operating order, at all times, at least one telephone for every eight taxicabs, and that at all times there will be an operator in charge of said phone or phones, who shall devote himself exclusively to answerinq said phones and dispatchinq taxicabs in response to requests therefor; m. A sworn financial statement of the appli- cant. n. Such further information as the City Council, or such official of the City to whom the application may be referred, may require. The applicant may meet the requirements of this section by filing with the City Manager, or his designated repre- sentative,, a copy of any applications filed with any other California jurisdiction requiring substantially the same information as required by this 5ection. 5.28.080 Permit Denial The City Council shall deny an owner s permit to any applicant if it appears to its satisfaction that such vehicle proposed to be opera- ted is inadequate or unsafe; that the applicant has been convicted of a felony or violation of any narcotic law or 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 pro- • posed to be operated by such applicant with those of another owner operating in the city; or that the appli- cant has failed to provide the necessary information re- quired in Section 5.28.070. -4- ~ ~ ~ 5.28.090 Permit Tern The permit issued under tnis Chapter snal e tor a term of two years. At the expiration of the term, unless a new permit is issued under the provisions of this chapter, or unless the City Council, for good cause, extends tne term of the original permit for a period not to exceed two years, the permit shall be deemed to have expired and shall no longer be valid. 5.28.100 Owner's Permit - Revocation or Sus ension The City Counci may revo e or suspend any owner s permit to operate a•taxicab or taxicabs on the followinq grounds: 1. Violation by the permittee, or his agents, of any of the provisions of this Chapter or any Ordinances relating to traffic or use o•f streets. 2. Failure of the per.nittee, or his agents, to pay judgment for damages arising ~zom the un- lawful or negligent operation of the taxicab or taxicabs for which the permi.t was issued. 3. A finding that any taxicab operated by , the permittee, or his agents, within the City is inadequate or unsafe. 4. The permittee, or his agent, has been convicted of a felony or violation of any narcotic law or of any criminal violation involving moral turpitude. ' 5.28.110 Permit - Additional Any owner holding a permit to operate one or more taxicabs as provided in this Chapter, who desires to add to the number of such ve- hicles shall do so only upon obtaining from the Council permission therefor, which shall be granted only upon application made in the same manner and under the same proceedings as are required in this chapter in the instance of obtaining the original permit. Any owner holding a permit to operate one or more taxicabs as provided in this cnapter, who desires to substitute a different vehicle for a vehicle operated under such permit, shall do so only upon obtaining, from the Council, per.nission there- for, which shall be qranted only upon written application settinq forth the particulars of such proposed substitu- . tion, and upon otherwise complying with the requirements of this chapter. The council shall have the same authority in granting or denying such application for permission to add or substitute as is hereinbefore in this chapter vested in it in the matter of original application. -5- ' ~ ~ 5.28.120 Liability Policy - Provisions Zt is unlawful for any owner to drive or operate, or cause to permit to be driven or operated, any public motor vehicle in the City, unless such owner has placed on file wi~h the City :7anager, or his designated representative, a aritten certificate or certificates of a responsible and solvent individual authorized to issue such policy under the laws of the State of California, that it has issued to or for the benefit of the owner, a motor vehicle lia- bility policy or policies which, at the date of said certificate or certificates, are in full force and effect, and designating therein that any and all public motor vehicles which may~be driven or operated under any permit granted to such owner under the provisions of this chapter are, or will be, covered under said policy or.policies. 5.28.130 Liabilit Polic - Re uirements The motor vehicle iability policy require un er the provisions of Section 5.28.120 shall insure the owner, as defined herein, and any other person using or responsible for the use of any such vehicle with tne consent, express or im- plied of such owner, against loss from the liability imposed upon an owner by law for injury to, or death of, any person,.or damage to property, growinq out of the maintenance, operation or ownership of any public motor vehicle to the amount or li:nit of fifteen thousand dollars, . exclusive of interest and costs, on account of injury to, or death of any one person, of thirty thousand dollars, exclusive of interest and costs, on account of any one accident resulting in injury or death of more than one person, and of five thousand dollars for damage to pro- ~erty of others, resulting from any one accident. The'motor.vehicle liability policy shall inure to the benefit of any and all persons, suffering loss or damage either to person or property, as herein provided, and the liability of the insurance carrier shall be in no manner ahrogated or abated by the death of the tort/feasor and/or the owner. 5.28.140 Liability Policy - Cancellation Notice Every certi`~icate required under the provisions~ of Section 5.28.120 of this chapter shall certify that the motor ve- hicle liability policy or policies therein cited shall not be cancelled except upon ten days' prior written no- tice thereof to the City Clerk. Said motor vehicle liability insurance shall be a continuing liability up to the full amount thereof, notwithstanding any recovery tnereon, and said certificates thereof shall so certify. -6- 'i, ~ • All motor vehicle liability policies and all certifi- cates thereof sl~all be subject to the approval of the City Attorney and the City Manager, or his desiqnated representative, in any and all matters and if at any time, in the judgment of the City Manager, or his desiqnated representative, said motor vehicle liability policies.are not sufficient for any cause, said City Manager, or his designated representative, may requfre the owner of such public motor vehicle who filed the same to replace said motor vehicle policies within ten days with other policies in accordance with khe provi- sions of tnis chapter. If said owner fails to replace said motor vehicle policies within said ten day period with good and sufficient policies, as aforesa~d, then at the termination of said period the owner's permit issued hereunder shall he by such failure automatically suspended until such tine as said requirement is com- plied with, and the City Manager, or his designated representative shall enforce such suspension. 5.28.150 Liabilit Polic - Bond Subject to the approva of the City bianager, or his designated rep- resentative,. the owner of any taxicab or taxicabs oper- ated under the provisions of this chapter, may file a bond of a responsible and solvent individual authorized to issue such bonds under the laws of the State of Califcrnia, containing the conditions, and givinq the protR~ction required in the motor vehicle liability policy required by 5ections 5.28.120 through 5.28.140, in lieu of either, all or any part of the insurance coverage required by said sections. In the event of the filing of a bond under the provisions of this section, the applicable provis.ions of said Sections 5.28.120 through 5.28.140 shall govern the furnishing of such bond and the owner filing it. ~ 5.28.160 Driver's Permit - Required It is unlawful for any driver to operate any taxicab in the City unless there exists a valid permit so to do as herein provided. Application for such driver's permit shall be made to the City Manager, or his designated representative, shall be in writing and in duplicate, and the original thereof shall be duly acknowledged before some person ' lawfully authorized to administer oaths. Such original shall be farthwith transmitted to the City Manager, or his designated representative. Said application shall -7- ' ~ ~ set iorth the name, age and address of the applicant, his past experience in operatiag automobiles, the names and addresses of his employers during tne preceding period of three years, whether or not a chauffeur's license issued to him by the State of Cali£ornia, or any state or governmental agency has ever been revoked, the name and address of the owner by whom he is to be i employed as a driver (which said owner shall endorse the said application), and such additional information I as the City I~lanager, or his designated representative, may require. • 5.28.170 Driver's Pezmit - A~plication - Issuance Upon app~T. 'ication or a river- s per-mit, and-be~ore itis issued, the driver, whether the owner or otherwise, must evidence a proficient knowledge of the traffic laws of the City and of the State of Califoraia, and demonstrate his ability to operate a taxicab, all to the satisfaction of the City tdanager, or his desiqaated representative. Upon satisfying the foregoing requirements, said driver shall be fingerprinted by, and his record filed in the police department bureau oi identification. Said driver shall also file with his application two recent photo- gra~hs (size'one and one-half inch by one and one-half inch), one to be filed with his application and one to be permanently attached to his driver's permit when issued, which permit shall be posted in a place conspicuous from the passenger's compartment of the taxicab while said driver is operating same. Eve=y driver's permit issued nereunder shall set forth the name of the owner for whicn said driver is authorized to operate a taxicab, and shall be valid only so long as he continues in the employ of such owner. Upon tze termination of such employ- ment, the said driver shall forthwith surrender his dri- ver's permit to the City Manager, or his designated repre- sentative. i1o such driver's permit shall be granted to any person under the age oi eighteen (18) years. Such driver's nermit may be denied upon substantial evidence of facts of either physical or moral deficienaies of the applicant which, in the sound discretion of the City Manager, or nis designated representative, would render such applicant not a competent person to operate a taxi- cab. The applicant may meet the requirements of this section by filing with the City bianager, or his designated • representative, a copy of any application filed with any other California jurisdiction requiring substantially the same information as required by this section. -8- ' ~ ~ 5.28.i80 Suspension or Revocation of Driver's License The City bIanager, or his designated repre- sentative, shall have tne power to suspend or revoke any driver's license issued hereunder after hearing thereon, in the event the holder thereof shall have violated any provision of this chapter or shall have drunk or consumed intoxicating liquor while on duty, which violation, in the sound 3iscretion of said offi- cial shall be deemed sufficient evidence of the fact that said driver is not.a competent person to operate a taxicab. ~Such suspension or revocation by the City Manager, or his designated representative, shall be forthwith reported to the owner last employing said • driver. In the event of such revocation or suspension of a driver's license, such license shall be•forthwith surrendered to the City Manaqer, or his designated re- presentative, by the holder thereof. 5.28.185 A eal Any interested party may appeal t e administrative decision of the City Nlanager or his desiqnated representative, by filing a written notice of appeal with the City Clerk within five (5) days after his decision. Such appeal shall be heard by the City Council which may: affirm, amend, or reverse the order, or take other action deemed appro- priate. The clerk shall give written notice of the tine and place of the hearing to the appellant and any otk:er person requesting notice. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. 5.28.190 Direct Route Any driver employed to carry a gassenger to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to the destination (unless otherwise directed by the passenger). 5.28.200 Refusal of Service No owner or driver of any taxicab licensed under authority of this chapter shall fail or refuse, when in service and not otherwise enqaged for hire, to transport to his announced destination within the City at rates authorized in this chapter any person who presents.himself for carriage in a sober and orderly manner and for a lawful purpose. 5.28.210 Overcharge - Restitution Any charge made, or sought to be made, to any patron of any taxicab in excess of the charges authorized by this chapter for -9- _ _ , . ~ ~ the particular type of service rendered or sought, when shown either by confession of the party, or competent testimony, or failure on the part of any driver or opera- tor of any taxicab to make proper returns to his employer, shall result in immediate suspension of the license of such driver until such time as, after due process, such license is either reinstated or revoked. ~I Either the person, or the employer of a person, responsible for any overcharge shall be required to make restitution~to any defrauded patron for the amount of the overcharge. 5.28.220 Violation - Penalt The violation of any provision o is chapter shall be deemed•an infraction, and shall be punishable as provided in Chapter 1.12. Each day during which such violation continues shall be a sep- arate and distinct offense, and each such separate offense shall be deemed an infraction punishable as aforesaid. 5.28.230 Severabilit If any section, sul~- section, su ivision, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this chapter shall not be affected thereby. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this~~ day of Jul , 1978 and ENACTED at a regular meet ni g of the City Counci of the City of Cupertino this i8ch day of .Tuly 1478, by the following vote: Vote ~ Kembers of the City Council AYES: 0'Kee£e, Rogers, Sparka, Meyere NOES: None ABSEyT: Jackaon ABSTAIN: Noae APPR VED: ~J Ma or, City of Cupe ino ATTEST: Pro Tempore City C er -10-