HomeMy WebLinkAboutStaff Report 2.C 07/18/2005ORDINANCE NO.
Introduced by
2. C
July 18, 2005
N.C.S.
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA ADOPTING
NEW TAXICAB.REGULATIONS AND AMENDING CHAPTERS 14.04,14.08, 14.16,
14.20, 14.24 AND 14.28 RELATING TO TAXICAB OPERATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. A new Chapter 14.17, entitled, "Taxicab Regulations; is hereby added to the
Petaluma Municipal Code to read as follows:
CHAPTER 14.17
TAXICAB REGULATIONS
Sections:
14.17.010
Definition.
14.17.020
Business license.
14.17.030
Driver's permit.
14.17.040
Taxi meters.
14.17.050
Charges visible.
14.17.060
Rates and information to be displayed.
14.17.070
Excessive charges.
14. 17.080
Maintenance.
14.17.090
Route,
14.17.100
Failure to pay unlawful.
14.17.1 10
Insurance.
14.17.120
Suspension or revocation of driver's permit card.
14.17.130
Alcohol/controlled substance testing.
14.17.140
Appeals.
14.17.150
Certificate holders to indemnify City.
14.17.160
Exempt from other requirements.
14.17.010 Definition.
For purposes of this chapter, "taxicab" means a motor vehicle regularly engaged in the
business of carrying passengers for hire, having a seating capacity of less than eight (8) persons
and not operated on a fixed route, upon a fixed schedule, or for a fixed rate. "Taxicab" shall not
include automobiles for hire, limousines, or buses as defined in the Petaluma Municipal Code.
14.17.020 Business license.
No person shall permit a taxicab owned or controlled by him/her to be operated, as a
vehicle for hire upon any street of the City, unless a business license has been issued for
operation of a taxicab by the Administrative Services Director. The Administrative Services
Director shall not issue a business license to a taxicala owner until the owner complies with the
provisions of this chapter including, but not limited to, the insurance requirements of section
14.17.110, the acquisition of a driver's permit for each driver of a taxicab owned or controlled by
the applicant, and written authorization for the City Manager or the City Manager's authorized
designee to inspect (for compliance with the provisions of this Chapter) any taxicab owned or
controlled by the owner. The application for a business license pursuant to this section shall
contain the information required by section 14.12.010 and shall contain a statement, under
penalty of perjury, that the applicant has complied with all state law requirements relating to
taxicabs.
14.07.030 Driver's permit.
A. No person shall operate or drive any taxicab within the City unless such person has
obtained a driver's permit from the Police Department. A driver's permit shall be valid for
one year from the date of issuance. A taxicab operator who hires a driver for whom a
permit has been issued within a year prior to the date of hire shall notify the Police
Department that such driver is now employed by that taxicab operator.
B. The Police Department shall photograph and fingerprint each applicant for a driver's
permit. The Police Department shall keep such photographs and fingerprints on file at the
Department.
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C. The drivers permit shall state the name of the driver and the employer, and shall contain
such additional information as the Police Department may require. A driver's permit
shall be void upon termination of employment. The employer shall notify the Police
Department upon termination of employment of a driver, and shall return the permit to
the Police Department.
D. Prior to issuing a driver's permit, the Police Department shall determine whether the
applicant has a valid driver's license and shall review the applicant's driving history. The
Police Department shall not issue a driver's permit to the applicant if the Police
Department determines that:
I. The applicant's driving record shows a violation point count of four (4) or more
points in the preceding twelve (12) month period, six (6) or more points in the
preceding twenty-four (24) month period, or eight (8) or more points in the
preceding thirty-six (36) month period;
2. The applicant has been convicted of a felony or of a crime involving moral
turpitude, or reckless driving or of driving under the influence of' intoxicating
liquor or of narcotics, unless after investigation and report by the Chief of Police,
the City Council authorizes the issuance of the permit;
3. The applicant's driving history demonstrates that the applicant is not likely to
operate a motor vehicle in a safe manner; or
4. The applicant does not hold a valid California state driver's license.
E. The Police Department shall not issue a driver's permit to anyone under the age of twenty-
one (21) years.
F. The Police Department may charge a fee for processing each application for a driver's
permit. The fee shall be set by resolution of the City Council. The Police Department
shall immediately notify the applicant of a denial of issuance of a driver's permit by
written notice. The notice shall contain a statement of the facts upon which the Police
Department has acted in denying issuance of the driver's permit. The notice shall contain
a statement of the appeal procedure contained in Section 14.17.140.
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14.17.040 Taxi meters.
All taxicabs operated in the City of Petaluma shall be equipped with a taxi meter of such
type and design as may be approved by the City Manager or his authorized designee. The owner
of any taxicab shall keep the meter accurate at all times. The City Manager or his authorized
designee shall have the right to inspect such meters and upon discovery of any inaccuracy to
remove or cause to be removed from service any vehicle equipped with such meter until the
meter has been repaired and accurately adjusted.
14.17.050 Charges visible.
The charge for any service to all patrons of a taxicab shall be calculated and indicated by
the taxi meter required by Section 14.17.040, which shall be placed in such vehicle so operated
so that the reading dial showing the amount to be charged shall be welt -lighted and readily
discernible by a passenger riding in any such taxicab.
14.17.060 Rates and information to be displayed.
Every taxicab shall have displayed in a conspicuous place in the passenger compartment
thereof at all times a sign stating in clearly legible characters the rates of fare charged for
carrying passengers therein, the driver's permit, the owner's name or the fictitious name under
which he operates, and the business address and telephone number of such owner and business
license number furnished by the City of Petaluma.
14.17.070 Excessive charges.
A. No owner, operator or driver of any taxicab, shall in connection with any trip originating
or reaching its destination in the City, charge, collect, demand, receive or arrange for any
rate for such trip in excess of the amount authorized in accordance with the schedule of
rates set by resolution of the City Council.
B. Any owner or driver who overcharges a taxicab fare shall be liable to the person who
hires the vehicle for the difference between the amount of the fare actually charged and
the amount of the fare filed in accordance with this chapter.
C. The remedies provided by this section are in addition to any other legal or equitable
remedies, and are not intended to be exclusive.
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14.17.080 Maintenance; operation.
A. It shall be unlawful for any owner or driver to operate, or cause to be operated, any
taxicab while the same or any of the equipment used thereon or therewith shall be in a
defective, unsafe, or unsanitary condition. Every taxicab shall at all times be subject to
the inspection of any Police Officer of the City of Petaluma.
B. No owner or driver shall transport ,my larger number of persons than can safely be
accommodated within the vehicle.
C. No driver of a taxicab shall refuse to transport any person who desires and requests to
purchase transportation in a sober and orderly manner, if such taxicab is in service and
available to the public generally for such transportation.
D. The interior of every taxicab operating within the City of Petaluma shall be thoroughly
cleaned at least once in every twenty-four hour period of operation.
14.17.090 Route.
Any driver employed to carry passengers to a definite point shall take the most direct
route possible that will carry the passengers safely and expeditiously to their destination.
14.17.100 Failure to pay unlawful
It shall be unlawful for any person to refuse to pay the legal fare of any taxicab after
having hired the same, and any person who shall hire any taxicab with the intent to defraud the
person from whom it is hired shall be guilty of a misdemeanor.
14.17.110 Insurance
Before a license for the operation of any taxicab business shall be issued, and prior to the
operation of any of such taxicabs if a license has been issued, there shall be filed with the
Administrative Services Director a policy of public liability insurance executed and delivered by
a company authorized to carry on an insurance business in the state, the financial responsibility
of which company shall theretofore have been approved by the City Manager, by the terms of
which the insurance company insures the owner and licensee of the taxicab operation against loss
by reason of injuries to persons or property caused by the operation of such vehicle in the
following amounts: Comprehensive General Liability of One Million Dollars ($1,000,000.00)
per occurrence for bodily injury, personal injury and property damages; automobile liability of
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One Million Dollars (S 1,000,000.00) combined single limit per accident for bodily injury and
property damage; and Workers' Compensation and Employers Liability as required by the Labor
Code of the State of California and Employers Liability of One Million Dollars ($1,000,000.00)
per accident; provided, however, that no policy of insurance issued by any mutual assessment or
reciprocal company as defined by the California Insurance Code of the State shall be accepted by
the City Manager; and provided further, that such insurance shall not expire nor be revocable,
except upon written notice to the Administrative Services Director at least thirty (30) days prior
to such expiration or revocation.
14.17.120 Suspension or revocation of driver's permit card.
The Chief of Police or designee shall have the power to suspend or revoke a taxicab
driver's permit card issued under this chapter, on any grounds stated in this chapter or on any of
the following grounds:
A. Suspension, revocation or expiration of the driver's privilege granted by the California
Department of Motor Vehicles to operate a motor vehicle on the public highways of the
state;
B. The violation by the driver of any terns, conditions or requirements of this chapter;
C Any act or omission of the driver or any fact or condition which, if it existed at the time
the application for a taxicab driver's permit card was filed, would have warranted the
dental of the application;
D. Failure of the driver to pay any judgment against the driver for personal injury or death,
or property damage arising out of the driver's operation of a taxicab, within thirty days
after the judgment has become final;
E. The driver consumed drugs or alcohol or is under the influence of drugs or alcohol while
on duty or is convicted of a crime relating to drugs or alcohol;
F. Overcharge, or the attempt to overcharge, taxicab fares by the driver, as prohibited by
section. 14.17.070 of this chapter.
G. Any violation of a law or regulation of the State of California pertaining to operation of a
taxicab or motor vehicle.
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14.17.130 Alcohol/controlled substance testing.
A. No business license shall be issued or renewed unless the applicant at the time of license
issuance or renewal files with the Administrative Services Director a certification that the
applicant maintains a mandatory controlled substance and alcohol testing certification
program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations
and California Government Code Section 53075.5 for all drivers of vehicles operated
under the license.
B. No driver's permit shall be issued or renewed unless the applicant at the time of the
permit issuance or renewal files with the Police Department certification that the permit
applicant has tested negatively, within the past thirty days prior to submitting the
application, for controlled substances and alcohol under a mandatory controlled
substance and alcohol testing certification program conforming to Parts 40 and 382 of
Title 49 of the Code of Federal Regulations and California Government Code section
53075.5. Driver's permit applicants who test positively pursuant to the testing ]grogram
referenced herein shall be ineligible to apply again for a driver's permit during the five
year period following the positive test. Driver's permit renewal applicants who have
tested positively pursuant to random alcohol/controlled substance testing shall not be
eligible to apply for their driver's permit renewal until they have successfully completed
an accredited substance abuse program in accordance with Government Code section
53075.5.
C. Costs. The costs of taking an alcohol/controlled substance test of air employee shall be
paid by the taxicab company. The costs of taking an alcohol/controlled substance test of
a self-employed independent driver shall be paid by the driver.
D. Reporting. The written results of the alcohol/controlled substance test of an employee
driver or of a self-employed independent driver who has executed a release in favor of
the taxicab company shall be delivered to the taxicab company. The taxicab company
shall immediately forward copies of the written results to the Police Department.
E. Tests from another jurisdiction. A test meeting the requirements of this section that is
taken to obtain a driver's permit in another jurisdiction shall be accepted as though
conducted as part of the permit renewal process for the City of Petaluma for up to thirty
days from the date the test was taken. The prior test shall apply only for purposes of
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renewing a driver's permit, so long as the driver has not tested positive thereafter.
However, a negative result from a test taken for another jurisdiction shall not satisfy the
pre-employment testing requirements to receive an initial permit as imposed by this
chapter.
F. All test results shall be confidential and shall not he released without the consent of the
driver, except as otherwise provided herein or authorized or required by law.
14.17.140 Appeals.
Any person aggrieved by the determination of the Police Officer or Administrative
Services Director to deny the issuance of or to revoke a driver's permit or business license may
appeal such decision to the City Manager. Such appeal shall be taken by filing a written notice
of appeal with the City Clerk within ten (10) days of the date of the decision to deny or revoke
and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the
decision to deny or revoke final. The City Manager shall set a time and place for a hearing on the
appeal within ten (10) days of the filing of the appeal. The City Manager's determination
following the hearing shall be in writing and shall be sent to the drivers permit or business
license applicant. The decision of the City Manager shall be final and conclusive.
14.17.150 Business license holders to indemnify City.
Each holder of a business license for taxicab operations shall indemnify and hold
harmless the City against and from all damages, judgments, decrees, costs and expenditures
which the City may suffer or which may be recovered from or obtained against the City during
the time the business license is in force for or by reason of acts done by the owners, their
employees or agents during the time such license is in force, or growing out of or resulting from
the exercise by such license holder of any or all of the rights and privileges granted by the
license, or any act of the servants or agents thereof, under or by virtue of the provisions of this
chapter or the Iicense under which such owner is operating.
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14.17.160 Persons subject to chapter exempt from other licensing provisions.
All persons who shall come within the purview of and are subject to the terms of this
chapter shall be excepted from and not be subject to the terms of Chapters 6.04, 6.08, 6.28 and
6.36 relating to licenses.
Section 2. Chapters 14.04, 14.08, 14.16, 14.20, 14.24 and 14.28 of the Petaluma
Municipal Code are hereby amended in their entirety to read as follows:
Sections:
14.04.010
14.04.020
14.04.030
14.04.040
14.04.050
14.04.060
14.04.070
14.04.080
14.04.090
14.04.100
14.04.110
14.04.120
CHAPTER 14.04
DEFINITIONS
Generally.
Automobile for hire.
Bus.
Central permit bureau.
Certificate.
Commission.
Driver,
License.
Owner.
Permit.
Rated capacity.
Street.
14.04.010 Generally.
For the purpose of this chapter, the following terms shall be deemed and construed to
have the meanings respectively ascribed to them in this section, unless from the particular
contents it clearly appears that some other meaning is intended.
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14.04.020 Automobile for hire.
"Automobile for hire" means and includes every motor vehicle of private appearance
which is operated and hired from a public or private garage only, and the destination and route of
which are under the control of the passengers being carried therein, for a compensation which is
fixed in accordance with the distance traveled, waiting time, or both. The term "automobile for
hire" shall not include limousines, nor taxicabs subject to regulation under chapter 14.17.
14.04.030 Bus.
"Bus" means every automobile or motor -driven vehicle by means of which passengers
are transported for compensation upon streets of the City, over predetermined routes and
between fixed termini, excepting automobiles for hire as defined in this chapter.
14.04.040 Central permit bureau.
"Central permit bureau" means the central permit bureau in the assessor -tax collector
department of the City.
14.04.050 Certificate.
"Certificate" means Ore certificate of public convenience and necessity issued by the City
Council pursuant to the terms of this chapter authorizing the owner of any automobile for hire or
bus, as the case may be, to engage in the business of operating such vehicles upon the public
streets of the City for the purpose of transporting passengers for hire.
14.04.060 Commission.
"Commission" means the planning commission of the City.
14.04.070 Driver.
"Driver" means every person in immediate cliargc or control of or operating an
automobile for hire or bus, as agent, employee or otherwise, under the direction of the owner or
as owner.
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14.04.080 License.
`License" means the driver's license issued to any person by the Chief of Police under
this chapter, indicating his individual qualification and authority to operate or drive a bus or
automobile for hire.
14.04.090 Owner.
"Owner" means every person having the ownership, use or control of any bus or
automobile for hire, who operates or who proposes to operate any automobile for hire or bus
company as a business within the City limits.
14.04.100 Permit.
"Permit" means the authority issued to an owner authorizing him to operate or have
operated a specific automobile for hire or bus upon the public streets of the City.
14.04.110 Rated capacity.
"Rated capacity" means the number of individuals a bus or automobile for hire is
authorized and equipped to carry by the manufacturer of such vehicle, including standing
capacity, providing the bus is equipped with appropriate devices for the carnage of passengers
while standing.
14.04.120 Street.
"Street" means any place commonly used for the purpose of public travel within the City
limits.
CHAPTER 14.08
COMMERCIAL PASSENGER VEHICLE CERTITICATES
Sections:
14.08.010 Required
is
14.08.020
Determination of convenience and necessity — Public bearings.
14.08.030
Conditions of granting generally.
14.08.040
Conviction of certain offenses.
14.08.050
Compliance with chapter.
14.08.060
Public convenience and necessity.
14.08.070
Where application made.
14.08.080
Contents generally.
14.08.090
Resolution as to stops, routes and schedules.
14.08.100
When expiration is automatic.
14.08.110 Standards of vehicular mechanical fitness and cleanliness.
14.08.010 Required.
It is unlawful for any person to operate or cause or permit to be operated any automobile
for hire or bus in the City unless such person has first procured a certificate of public
convenience and necessity.
14.08.020 Determination of convenience and necessity — Public hearings.
In determining whether the public convenience and necessity require the issuance of any
certificate, the City Council shall hold such public hearings as it may deem necessary.
14.08.030 Conditions of granting generally.
No certificate shall be issued under this chapter unless and until the minimum conditions
in Sections 14.08.040 through 14.08.060_ are complied with.
14.08.040 Conviction of certain offenses.
The applicant shall not have been convicted of a felony or of a crime involving moral
turpitude, of reckless driving or of driving while under the influence of intoxicating liquor or of
narcotics, unless after investigation and report by the Chief of Police, the City Council authorizes
the issuance of such certificate.
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14.08.050 Compliance with chapter.
The applicant shall have complied with all of the provisions of this chapter, including
satisfactory evidence that the minimum requirements for a bond or liability insurance required by
Section 14.28.120 have been met, and the performance bond required by Section 14.12.090 has
been posted; provided, that if the applicant produces evidence satisfactory to the City Council
that the bond or liability insurance required by Section 14.28.120 will be procured and the
performance bond required by Section 14.12.090 will be posted prior to actual commencement
of operations, the certificate may be issued, conditioned upon becoming effective at such time as
the requirements of such Sections 14.12.090 and 14.28.120 are complied with by the applicant.
14.08.060 Public convenience and necessity.
The City Council shall find that the public convenience and necessity requires the
issuance of the certificate. The City Council may, however, deny application for a certificate for
any reasonable cause which in its sound discretion is contrary to the public welfare.
14.08.070 Where application made.
All applications for certificates required by this chapter shall be made to the central
permit bureau.
14.08.080 Contents generally.
Each certificate shall state the date of its issuance, the date of its expiration, if any, the
serial number thereof, and shall contain a simple, concise statement to the efTect that the owner is
authorized to engage in a business of operating buses or automobiles for hire, as the case may be,
pursuant to the provisions of this chapter and the resolution granting such certificate on file in the
office of the City Clerk.
14.08.090 Resolution as to stops, routes and schedules.
Based on the request of the owner in his application for a certificate, or revision thereof,
and on the review and recommendation of the Chief of Police and the commission, the City
Council shall, by resolution at the time of issuance of the certificate, specify and approve the
location of bus stops and routes and the contents of requested bus schedules. Such resolution
shall be referred to in and made a part of the certificate.
14.08.100 When expiration is automatic.
Any certificate issued under this chapter shall automatically expire and be deemed
revolted and of no effect if the owner to whom it is issued:
A. Fails to have a permit issued to him to operate a bus or automobile for hire within sixty
days from the date of issuance of such certificate; or
B. If, after commencing operations, he shall suspend operations or cease or engage in the
business of selling transportation for hire within the City for a period of forty-five days.
14.08.110 Standards of vehicular mechanical fitness and cleanliness.
In determining mechanical fitness and cleanliness of a bus as required by Section
14.12.020 or of other vehicles for hire as provided in Section 14.16.020 the Chief of Police shall
be guided by the minimum standards of the rules and regulations promulgated by the State
Public Utilities Commission.
CHAPTER 14.16
AUTOMOBILE FOR -HIRE CERTIFICATES
Sections:
14.16.010
Application required -Contents.
14.16.020
Investigation -Recommendation by Chief of Police.
14.16.030
Commission recommendations.
14.16.040
Action to grant or deny.
14.16.050
City Council resolution to show certificate issuance terms.
14.16.060
Exemption from fee.
14.16.070
Issuance.
14.16.080
Suspension and revocation by City Council.
14.16.090
Non -Transferability.
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14.16.010 Application required -Contents.
All persons desiring to operate automobiles for hire in the City shall make application for
a certificate, which shall contain the following information:
A. All of the information required by Section 14.12.010;
B. A statement indicating the location of the garage from which the automobile will be
dispatched;
C. A general statement that the applicant has complied or prior to the commencement of
operations will comply with all of the terms and conditions of this chapter.
14.16.020 Investigation -Recommendations by Chief of Police.
Upon receipt of an application for a certificate for the operation of automobiles for hire in
the City, the central permit bureau shall refer the same to the Chief of Police, who shall
investigate and report in writing to the City Council the following matters:
A. The financial responsibility and experience of the applicant;
B. The probable effect of granting the application upon traffic and parking problems and
upon public safety;
C. The character and fitness of the applicant;
D. Ilie mechanical condition, the safety, the cleanliness and appearance of the vehicle and
the equipment to be used in connection with the operations.
14.16.030 Commission recommendations.
Upon completion of the Chief of Police's report and recommendation as to an automobile
for hire certificate application, he shall forward the application to the commission, which body
shall make recommendations to the City Council as to the location of dispatch points and the
effect on traffic in the City in general.
14.16.040 Action to grant or deny_
Upon receipt of any automobile for hire certificate application and the reports and
recommendations of the Chief of Police and of the commission, the City Council shall approve
or disapprove the issuance of the certificate.
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14.16.050 City Council resolution to show certificate issuance terms.
If the issuance of a certificate is approved, the City Council shall determine the terms and
conditions upon which it shall be issued, including a determination as to the location of dispatch
points, the rates to be charged, for service, the amount of the performance bond required by
Section 14.20.090, and the amount of compensation which must be paid to the City for the
privilege of operating. Such terms and conditions to be embodied in a resolution passed by the
City Council at the time it authorizes issuance of the certificate.
14.16.060 Exemption from fee,
Owners of automobiles for hire to whom certificate have been issued shall pay no fee or
consideration for the issuance of such certificates.
14.16.070 Issuance.
Upon receipt of the City Council's approval of any automobile for hire certificate
application and the resolution embodying the terms of the certificate, the central permit bureau
shall issue the certificate to the applicant thereof.
14.16.080 Suspension and revocation by City Council.
Certificates issued to owners of automobiles for hire may be suspended or revoked by the
City Council for violation of any of the terms of this chapter, for violation of any of the terms of
such certificate or for misuse or abuse of the privilege thereby granted.
14.16.090 Non -Transferability.
Certificates issued to owners of automobiles for hire shall be nontransferable.
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Sections:
14.20.010
14.20.020
14.20.030
14.20.040
14.20.050
14-20.060
14.20.070
14.20.080
14.20.090
CHAPTER 14.20
BUS AND AUTOMOBILE FOR -HIRE REGULATIONS
Maximum number of passengers.
Drivers refusing transportation.
Deviations by buses.
Buses to observe designated stops only.
Drivers to take most direct routes.
Refusal to pay fare.
Display of names of owner and driver - permit and license numbers.
Daily trip manifests required - Forms.
Certificate holders to keep available.
14.20.100
Maintenance records.
14.20.110
Drivers' badges.
14.20.120
How buses to be painted.
14.20.130
Display of permit numbers outside.
14.20.140
Display of route maps and fare schedules in buses.
14.20.150
Spot checks by police.
t4.20.160
Interiors to be cleaned regularly.
14.20.170
When Chief of Police to prohibit operation.
14.20.180
Certificate holders to maintain vehicles.
14.20.190
Certificate holders to indemnify City.
14.20.200 Maximum rates to be fixed by City Council — Overcharges prohibited.
14.20.210 Persons subject to chapter exempt from other licensing provisions.
14.20.010 Maximum number of passengers.
The owner or driver of a bus or automobile for hire shall not take into or transport any
larger number of passengers than the rates carrying capacity of such vehicle.
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14.20.020 Drivers refusing transportation.
No driver of a bus or automobile for hire shall refuse to transport any person who desires
and requests to purchase transportation in a sober and orderly manner, if such bus or automobile
for lure is in service and available to the public generally for such transportation.
14.20.030 Deviations by buses.
No driver of any bus shall deviate from the route along which a certificate to operate the
same has been granted, or stop and turn back before reaching the terminus of such route;
provided, however, that if the regular traffic over the route of such bus has been diverted or
detoured by proper authority for any lawful reason, the driver of such bus may follow the
established detour route.
Any bus may deviate not more than five blocks from such route to a church or school, or
to any public attraction or demonstration.
The City Council may, upon application, where it appears necessary, issue a temporary
authority to deviate from the established route. In any case of deviation from its authorized
route, except pursuant to diversion or detour by proper authority, a bus shall return at once to the
point of diversion and proceed from such point in the same direction in which it was going
before such deviation, until a terminus of such route is reached.
14.20.040 Buses to observe designated stops only.
No driver of a bus shall stop the same for the purpose of picking up or discharging
passengers at points along its established route other than at the regularly designated stops
specified by the City Council at the time of issuance of the certificate to the owner.
14.20.050 Drivers to talce most direct routes.
Every driver of an automobile for hire shall proceed to the point of destination over the
most direct route possible that will carry the passenger to his destination safely and
expeditiously, unless otherwise requested by the passenger.
14.20.060 Refusal to pay fare.
It is unlawful for any person to refuse to pay the lawful charge for transportation in a bus
or automobile for hire after employing or hiring the same.
14.20.070 Display of names of owner and driver - permit and license number.
Every bus or automobile for hire shall carry in a conspicuous position within the
unobstructed view of its passenger compartment in clear and legible lettering the name of the
owner of the vehicle, his City permit number for such vehicle, the name of the driver, the
driver's City license number and a picture of the driver. All of the foregoing shall be on a card
of a size and format approved by the Chief of Police.
14.20.080 Daily trip manifests required - Forms.
Every driver of a bus or automobile for hire shall maintain a daily manifest upon which
there shall be recorded all trips made each day, showing the time and place of origin and the
destination of each trip and the amount of fare. All such completed manifests shall be returned
to the owner by the driver at the conclusion of his tour of duty. "I7re forms for each manifest
shall be furnished to the driver by the owner and shall be of a character approved by the Chief of
Police.
14.20.090 Certificate holders to keep available.
Every holder of a certificate shall safely retain and preserve each driver manifest for at
least one calendar year following the year in which the same was made up. The same shall be
available to the Chief of Police.
14.20.100 Maintenance records.
Owners to whom certificates are issued are required to maintain records of maintenance
service for each vehicle for which a permit has been issued and shall allow the Chief of Police or
his representative to inspect such maintenance record at any reasonable time.
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14.20.110 Drivers' badges.
Every driver of a bus or automobile for hire shall wear a badge bearing the number of the
license issued to him under Section 14.24.050.
14.20.120 How buses to be painted.
Every bus shall be painted in the colors and according to the trade style specified in the
certificate issued to the owner.
14.20.130 Display of permit numbers outside.
Every bus shall be numbered in paint with its permit serial number on each side and on
the rear in such exact location and with the size of figures as the Chief of Police shall prescribe.
14.20.140 Display of route maps and fare schedules in buses.
Every bus shall have displayed a sign within conspicuous view of the passengers therein,
showing the streets traversed by the bus, the termini of its route, the route number and the
amount of the charge for riding therein.
14.20.150 Spot checks by police.
Any member of the police department may, at any time, enter any bus or automobile for
hire and direct its operation for the purpose of determining its compliance with the provisions of
this chapter.
14.20.160 Interiors to be cleaned regularly.
'llic interior of every automobile i"or hire and bus shall be thoroughly cleaned at least
once in every twenty-four hour period of operation.
14.20.170 When Chief of Police to prohibit operation.
The Chief of Police shall prohibit any driver from operating any bus or automobile for
hire while such vehicle or any of its equipment is defective, unsafe or unsanitary.
ay
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14.20.180 Certificate holders to maintain vehicles.
Every owner to whom a certificate has been issued is charged with the duty to see that the
vehicles and equipment which he uses in the business covered by such certificate are at all times
in a completely safe operating condition, are clean and sanitary and are serviceable and adequate
for the purposes contemplated by the permit under which he operates.
14.20.140 Certificate holders to indemnify City.
Each holder of a certificate shall indemnify and save free and harmless the City against
and from all damages, judgments, decrees, costs and expenditures which the City may suffer or
which may be recovered from or obtained against the City during the time the certificate is in
force for or by reason of acts done by the owners, their employees or agents during the time such
certificates are in force, or growing out of or resulting from the exercise by such certificate
holder of any or all of the rights and privileges granted by his certificate, or any act of the
servants or agents thereof, under or by virtue of the provisions of this chapter, the resolution
authorizing the issuance of the certificate or the certificate under which such owner is operating.
14.20.200 Maximum rates to be fixed by City Council - Overcharges prohibited.
All rates charged by the owners of certificates shall be fixed and determined by resolution
of the City Council. It is unlawful for any owner of such certificate to charge more than the rates
so fixed and determined by the City Council.
14.20.210 Persons subject to chapter exempt from other licensing provisions.
All persons who shall come within the purview of and are subject to the terms of this
chapter shall be excepted from and not be subject to the terms of Chapters 6.04, 6.08, 6.28 and
6.36 relating to licenses.
Sections:
14.24.010 Required.
CHAPTER 14.24
DRIVERS' LICENSES
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14.24.020
Application - Contents.
14.24.030
Application - Where to be made.
14.24.040
Manner and procedure of processing application.
14.24.050
Conditions of granting license.
1424.060
Expiration.
14.24.070
Fees.
14.24.080
Contents.
14.24.090
Suspension or revocation by City Council.
1424.100
Applicability of Sections 14.28.150 through 14.28.200 - Denial of
applications.
14.24.110
Change of employment - Police notifications.
14.24.120
Owners not to employ unlicensed drivers.
14.24.130
Transferability.
14.24.010 Required.
No person shall operate a bus or automobile for hire in the City unless he has first made
application for and been issued a driver's license under this chapter.
14.24.020 Application - Contents.
The application for the license required by Section 14.24.010 shall contain the following
information.
A. The name, business address, residence address, residence telephone number, business
telephone number and the serial number of the driver's license held by the applicant and
the date of expiration thereof;
B. The date of the applicant's birth;
C. The citizenship of the applicant;
D. The length of time immediately preceding the date of the application during which the
applicant has continuously resided in the City;
E. The serial number of the state chauffeur's license held by the applicant and the date of
expiration thereof;
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Whether the applicant has ever been convicted of reckless driving, or of driving while
under the influence of intoxicating liquors or narcotics, or of a crime involving moral
turpitude or of a felony;
G. A statement under oath made before an officer competent to take oath under laws of the
state, that the statements made in his application are to his own knowledge true;
H. The name of the owner or person who will employ the applicant as a driver.
14.24.030 Application - Where to be made.
All applications for licenses required by this chapter shall be made to the central permit
bureau.
14.24.040 Manner and procedure of processing application.
Each application for a license required by this chapter will be processed, approved and
issued in the same manner and in accordance with the procedure for issuing permits contained in
Sections 14.28.080 to 14.28.100.
14.24.050 Conditions of granting license.
No license required by this chapter shall be issued unless the following minimum
requirements have been complied with:
A. The applicant therefore shall have attained the age of at least twenty-one years;
B. Such applicant is a citizen of the United States.
C. Such applicant has not been convicted of reckless driving, or driving while under the
influence of liquor or narcotics, of a felony, or of a crime involving moral turpitude. If,
however, after careful investigation and report by the Chief of Police, the City Council
finds that an applicant who has been convicted of any such offenses has since sufficiently
reformed and become rehabilitated to the extent that the operation by him of an
automobile for hire in the City would not be contrary to the safety and welfare of persons
engaging such services, in which case the City Council may, by resolution, authorize the
application to be granted;
D. Such applicant holds a valid state drivers license;
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E. Such applicant has resided in the City continuously for thirty days next preceding the date
of his application. In the case of an owner commencing vehicle for ]tire operations in the
City for the first time, the Chief of police may waive this requirement upon the
production of satisfactory evidence that the individual otherwise meets the requirements
of this chapter;
F. Such applicant has sworn under oath, before an officer competent to take oaths under the
laws of the state, to the truth of the statements made in the application.
14.24.060 Expiration.
The expiration date of each license issued under the chapter shall be the same as the
expiration date of the licensee's driver's license.
14.24.070 Fees.
'there shall be paid to the City for each license issued and each renewal thereof a license
fee in the amount as established by resolution of the City Council which shall accompany the
application for the issuance of each license.
14.24.080 Contents.
Each license issued under this chapter shall contain a serial number and shall set forth the
date of issuance, the name, age and physical description of the person licensed, the expiration
date of the license, his fingerprints, his signature, his badge number and the name of his
employer.
14.24.090 Suspension or revocation by City Council.
Licenses, to whoever issued under this chapter, may be suspended or revoked by the City
Council for violation of any of the terms of this chapter, for violation of any of the terms of such
license, or for misuse or abuse of the privilege thereby granted.
14.24.100 Applicability of Sections 14.28.150 through 14.28.200 -Denial of Applications.
24 ��
The provisions of Sections 14.28.150 through 14.28.200, relating to suspension and
revocation of permits and appeals from suspension thereof, shall apply in all respects to the
suspension, revocation and appeals therefrom of licenses under this chapter.
14.24.110 Change of employment - Police notification.
Every owner shall notify the Chief of Police of each employment or dismissal of a driver
in his service. The Chief of Police shall revoke the license of all drivers who have been
dismissed, discharged or who have resigned or whose employment has been transferred from
one owner to another owner. Upon being employed by a different owner or upon reemployment
by the same owner, such driver shall apply for and be issued a new license before he shall be
authorized to operate a bus or automobile for hire.
14.24.120 Owners not to employ unlicensed drivers.
No owner shall permit any person to act as a driver who does not possess a valid license
issued in accordance with this chapter.
14.24.130 Transferability.
Licenses under the provisions of this chapter, to whoever issued, shall be non-
transferable.
CHAPTER 14.18
VEHICLE PERMITS
Sections:
14.28.010
Required.
14.28.020
Application - Contents.
14.28.030
Where application to be made.
14.28.040
Conditions of granting permit.
14.2&050
Fees for buses.
14.28.060
Fees for automobiles for hire.
14.28.070
Issuance of new permits.
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14.28.080
Number of permits.
14.28.090
Replacements for lost or destroyed permits.
14.28.100
Contents.
14.28.1 I0
Financial responsibility of applicants.
14.28.120
Suspension or revocation by City Council.
14.28.130
Suspension or revocation by Chief of Police.
14.28.140
Appeal procedure generally.
14.28.150
Notice of appeal and hearing - Fixed healing date.
14.28.160
Chief of Police's report required.
14.28.170
Action by City Manager on report.
14.28.180
Denial of appeal.
14.28.190 Non -Transferability.
14.28.010 Required.
No person shall operate a bus or an automobile for hire in the City without making
application for and being issued a permit for each vehicle operated.
14.28.020 Application -Contents.
The application for a permit required by the preceding section shall contain the following
information:
A. A statement that the applicant holds a currently valid certificate, together with the number
thereof, or if it be the case, that the certificate has been applied for but not yet issued and
a statement of the date of application therefore;
B. The name and business address, residence address, business telephone number and
residence telephone number of the applicant.
C. The make, type, year of manufacture and seating capacity of the vehicle_ for which
application is made;
D. A general statement that the applicant has complied, or prior to the commencement of
operation of the vehicle, will comply with all of the provisions of this chapter.
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14.28.030 Where application to be made.
All applications for permits required by this chapter shall be made to the central permit
bureau.
14.28.040 Conditions of granting permit.
No permit shall be issued under this chapter unless or until the following minimum
conditions are complied with:
A. The applicant presents satisfactory evidence that he holds a currently valid certificate
applicable to the business for which application for the permit is made;
B. The applicant has complied with all of the provisions of this chapter, including
satisfactory evidence that the requirements, for a bond or liability insurance required by
Section 14.12.090 have been complied with.
14.28.060 Fees for buses.
The owners of buses to whom permits have been issued shall pay no fee therefore.
14.28.070 Fees for automobiles for hire.
The owners of automobiles for hire to whom permits have been issued shall pay annually
a fee as set by City Council resolution, per permit. Such permit fee is payable in advance and
will accompany the application for the issuance of permits.
14.28.080 Issuance of new permits.
Upon approval of a permit application therefor, the central permit bureau shall issue the
permit to the applicant therefor_
14.28.090 Number of permits.
Upon application pursuant to this chapter, the central permit bureau shall issue one pennit
for each vehicle specified by the City Council at the time of the approval of the certificate.
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14.28.100 Replacements for lost or destroyed permits.
If permits are lost or destroyed, the central permit bureau, upon receipt of proper
application therefore, shall issue duplicate permits with the same serial number as that of the
permit which was lost or destroyed.
14.28.110 Contents.
In each permit, reference shall be made to the number and date of the certificate of the
owner to whom the permit is issued. The vehicle to which a permit applies shall be described
therein by make, model, engine number, passenger capacity, the date of issuance and the serial
number thereof
14.28.120 Financial responsibility of applicants.
Before a permit for the operation of any bus or automobile for hire shall be issued, and
prior to the operation of any of such vehicles if a permit has been issued, there shall be filed with
the City Clerk a policy of public liability insurance executed and delivered by a company
authorized to carry on an insurance business in the state, the financial responsibility of which
company shall theretofore have been approved by the City Manager, by the terms of which the
insurance company insures the owner and permittee of such bus or automobile for hire against
loss by reason of injuries to persons or property caused by the operation of such vehicle in the
following amounts: Comprehensive General Liability of One Million Dollars {$1,000,000.00}
per occurrence {'or bodily injury, personal injury and property damages; automobile liability of
One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and
property damage; and Workers' Compensation and Employers Liability as required by the Labor
Code of the State of California and Employers Liability of One Million Dollars ($1,000,000.00)
per accident; provided, however, that no policy of insurance issued by any mutual assessment or
reciprocal company as defined by the insurance code of the State shall be accepted by the City
Manager; and provided further, that such insurance shall not expire nor be revocable, except
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upon written notice to the City Clerk at least thirty (30) days prior to such expiration or
revocation.
14.28.140 Suspension or revocation by City Council.
Permits required by the provisions of this chapter, to whomever issued, may be revoked
or suspended by the City Council for violation of any of the terms ofthis chapter, for violation of
any of the terms of such license, or for misuse or abuse of the privilege thereby granted.
14.28.150 Suspension or revocation by Chief of Police.
Any permit issued pursuant to the terms of this chapter may be temporarily suspended by
the Chief of Police upon the filing of a written complaint by or with him for a period not to
exceed the time necessary to perfect an appeal to the City Council pursuant to the terms of
Sections 14.28.160 through 14.28.200, for a violation of any of the provisions of this chapter.
Upon failure of the permittee to file an appeal within the time limit specified by such sections,
the suspension ordered by the Chief of Police shall become permanent and he shall thereafter
revoke such pennit.
14.28.160 Appeal procedure generally.
Within thirty days after the denial of an application for or suspension of a pennit, the
applicant or permittee, as the case may be, may file a written appeal with the City Clerk stating
in detail the reasons why the application should be granted or the suspension should be revoked,
notwithstanding any action of the Chief of Police to the contrary.
14.28.170 Notice of appeal and hearing — Fixing hearing date.
Within twenty-four hours of the receipt of the written appeal provided for by Section
14.28.160, the City Clerk shall advise the City Manager and the Chief of Police of such appeal,
and within the same period shall advise the City Manager, the Chief of Police and the appellant
of the date on which the City Council will consider the appeal. Such date shall not be later than
ten days from the date the appeal is filed with the City Clerk.
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14.28.180 Chief of Police's report required.
Upon receipt of notice required by Section 14.28.170 that an appeal has been filed, the
Chief of Police shall furnish a written report of his reasons for the denial of the application or the
suspension of the permit, as the case may be, to the City Manager.
14.28.190 Action by City Manager on report.
The City Manager shall add any endorsement he considers appropriate to the report of the
Chief of Police contemplated by Section 14 28.180 and file the same with the City Clerk for
action by the City Council.
14.28.200 Denial of appeal.
The City Council shall deny any appeal instituted as provided in Section 14.28.160 if it
finds that the applicant has not complied with all of the provisions of this chapter.
14.28.210 Non -Transferability.
Permits required by the provisions of this chapter, to whomever issued, shall be non-
transferable.
Section 3. I£ any section, subsection, sentence, clause or phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that
any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
Section 4. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5. The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered posted/published this day of 2005.
ADOPTED this
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
ord
#736059
day of
2005 by the following vote:
Mayor
APPROVED AS TO FORM:
City Attorney
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