HomeMy WebLinkAbout2013-07-09; City Council; 21291; Ordinance Amending Municipal Codes Taxi CabsCITY OF CARLSBAD - AGENDA BILL 14
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MTG.
DEPT.
21.291
07/09/13
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AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING CHAPTER 5.20 OF CARLSBAD
MUNICIPAL CODE RELATED TO TAXICABS
DEPT. HEAI
CITY ATTY.
CITY MGR. 0^
RECOMMENDED ACTION:
Introduce Ordinance No. CS-218 of the City Council of the City of Carlsbad,
California, amending Chapter 5.20 ofthe Carlsbad Municipal Code related to Taxicabs.
ITEM EXPLANATION:
San Diego County, via the Sheriffs Department, regulates taxicabs through a
comprehensive licensing and regulatory scheme. Rather than maintaining a duplicative
taxicab licensing process in Carlsbad, the Police Department reviewed the City's existing
Taxicab Ordinance and revised it to comply with the County of San Diego taxicab
licensing protocol. This revision takes advantage of County efficiencies while maintaining
a Strict regulatory regimen to ensure the health and safety of those providing and using
taxicab services in the City of Carlsbad. Further, as part of this comprehensive regulatory
process, it is necessary to continually update this policy to comply with County's taxicab
licensing protocol.
FISCAL IMPACT:
No direct fiscal impact is anticipated as the result of this action. Current licensing fee is
based on the cost of providing the service. Therefore, this action should be cost neutral.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738,
this action does not constitute a "project" within the meaning of CEQA and therefore, does
not require additional environmental review.
DEPARTMENT CONTACT: Lt. Kelly Cain 760-931-2115 kellv.cain(@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED •
EXHIBITS:
1. Ordinance No. CS-218 of the City Council of the City of Carlsbad,
California, amending Chapter 5.20 ofthe Carlsbad Municipal Code related to Taxicabs.
2. Chapter 5.20 addition/strikeout.
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ORDINANCE NO. CS-218
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CHAPTER 5.20 OF THE CARLSBAD MUNICIPAL
CODE RELATED TO TAXICABS
The City Council ofthe City of Carlsbad, California, does ordain as follows:
SECTION 1: That Chapter 5.20 of the Carlsbad Municipal Code is amended to read
as follows:
Chapter 5.20
TAXICABS
Sections:
5.20.010 Definitions
5.20.020 Business License
5.20.030 Application Information and Fee
5.20.040 Investigation and issuance ofa City Business License and
City of Carlsbad Decal
5.20.050 Grounds for Denying a Taxicab Operator City of Carlsbad
Business License
5.20.060 City of Carlsbad Business License for Taxicab Operator -
Expiration and Renewal
5.20.070 Notice of Suspension, Revocation, or Denial and Appeal
Rights and Procedures
5.20.080 Insurance Requirements
5.20.090 Suspension or Revocation of a City of Carlsbad Business
License
5.20.100 Permission to Make Changes in the Mode of Operation
5.20.110 Taxicab Stands
5.20.120 Taxicab Fares
5.20.130 Rules and Regulations of Operation
5.20.140 Condition of Taxicabs
5.20.150 Taxicab Driver Licensing Requirements
5.20.160 Taxicab Numbers and Information Posted Inside of a Taxicab
5.20.170 Transferability of a Business License
5.20.180 Violations
5.20.010 Definitions
For the purposes of this chapter, the following words and phrases shall have the
meaning respectively ascribed to them by this section, unless it is apparent from
the context that a different meaning is intended:
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(1) "City Of Carlsbad Business License" or "Business License" means the
business license that is issued by the City of Carlsbad that is required to
operate a taxi business or provide taxi services that originate within the city
limits of Carlsbad.
(2) "City" means the City of Carlsbad.
(3) "Certificate of Liability Insurance" means the Certificate of Liability Insurance
issued by an insurance company in the name of the taxi company in the
required coverage amounts by the City of Carlsbad in order to obtain a
Business License.
(4) "County" means the County of San Diego and includes the San Diego County
Sheriff Department.
(5) "Decal" means a pre-numbered Decal that demonstrates issuance of a City
Business License, to be affixed to the left portion of the passenger side rear
window. The Decal will be hole-punched with its expiration month and year.
This Decal authorizes the Taxicab to provide taxi services that originate in the
City of Carlsbad.
(6) "Passenger" shall mean every occupant other than the driver of a Taxicab.
(7) "Posted Rate" means the rate the operator has registered with the County for
transporting passengers and which is conspicuously posted in the Taxicab.
The "posted rate" includes flat rate fares and the fares at which the Taximeter
has been calibrated and inspected by the sealer of County of San Diego
Weights and Measures.
(8) "Taxicab" means a motor vehicle as the term is defined by the California
Vehicle Code used for transportation of passengers for hire, equipped with a
Taximeter. A Taxicab shall be a vehicle designed to transport no more than
eight persons, excluding the driver.
(9) "Taxicab Driver" means any person or individual who drives or is in actual
physical control of a Taxicab.
(10) "Taxicab Driver Identification Cards" or "Identification Card" means the two
annual County identification cards issued to a Taxicab Driver, by the San
Diego County Sheriff Department, authorizing a Taxicab Driver to pick up
passengers. Both Identification Cards shall be made available to any
passenger or law enforcement official for inspection prior to, during and after
any transportation of passengers.
A. The larger Identification Card is approximately 8" long by 5-1/4" high
and will be on display, unaltered and without obstruction, on the dash
board of all Taxicabs while the Taxicab Driver is operating the
Taxicab in the City.
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B. The smaller Identification Card is approximately 3-1/4" long by 2"
high and shall be worn by the Taxicab Driver, at all time while
operating the Taxicab in the City.
(11) "Taxicab Operator" means the person, business, partnership, association,
firm or corporation which is engaged in the Taxicab business.
(12) "Taxicab Operator License" means the annual license issued by the County
Sheriff's Department authorizing a Taxicab Operator to pick up passengers.
In addition the Taxicab Operator shall obtain a City Business License.
(13) "Taxicab Vehicle Inspection Form" means the County Sheriff's Department
Taxicab Vehicle inspection Form. Each and every Taxicab operating within
the City shall have a completed and approved Taxicab Vehicle Inspection
Form. A copy of thejaxicab Vehicle Inspection Form shall be maintained in
each Taxicab and shall be made available for viewing by any passenger or
law enforcement official prior to, during and after any transportation of
passengers.
(14) "Taximeter" means the device on the inside of a Taxicab that is calibrated to
calculate the fare earned by the Taxicab Driver for transporting passengers.
(15) "Taximeter Certificate" means the certificate issued by the County Weights
and Measures Department showing that the Taximeter for that Taxicab has
been calibrated. A copy of the Taximeter certificate, to its specifically
assigned Taxicab, shall be maintained in each Taxicab and be made
available to any passenger or law enforcement official for inspection prior to,
during and after any transportation of passengers.
5.20.020 Business License
No person shall engage in the business of providing Taxicab services that
originate in the City of Carlsbad without having obtained a City of Carlsbad
Business License and shall comply with all the provisions of this chapter and of
such Business License.
5.20.030 Application Information and Fee
Any person wanting to obtain a Business License required by this chapter to
operate Taxicab services originating in the City of Carlsbad shall pay a fee as
established by resolution of the City Council to the City Finance Department.
The application shall include the following:
Owners:
(1) The name and address of applicant, and if the same be a corporation, the
names of its principal officers; if the same be a partnership, association or
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fictitious company, the names of the partners or persons comprising the
association or company, with the address of each;
(2) The trade name of the Taxicab Operator or company;
(3) Taxicab Operator's Certificate of Liability Insurance for the Taxicab.
(A) For Taxicab Vehicle(s):
(1) A photo copy of a valid California registration card for every
Taxicab vehicle owned or leased by applicant Taxicab
Operator for which a City Decal will be issued.
(2) A photo copy of each Taximeter certificate, including the serial
number that was issued by the County for each Taxicab for
which a City Decal will be issued.
(3) A photo copy of each Taxicab Vehicle Inspection Form issued
by the County for each Taxicab for which a City Decal will be
issued.
(4) The distinctive color scheme, name, monogram or insignia
which shall be used on such Taxicab vehicle.
(5) Copy of a certificate of insurance pursuant to 5.20.080.
5.20.040 Investigation and issuance ofa City of Carlsbad Business License
and City of Carlsbad Decal
Taxicab Operators names are submitted to the Carlsbad Police Department for
approval. The Chief of Police or his/her designee shall inspect all applications and
forms required by the chapter to ensure they are valid copies issued by the County
of San Diego prior to applicant(s) operating any Taxicab service/business in the
City of Carlsbad. After the Police Department has reviewed all documents in their
entirety, and checked with the County of San Diego that the Taxicab Operator(s)
and Taxicab(s) are in good standing with the County of San Diego, the Police
Department shall notify the City's Finance Department that Taxicab Operator(s) is
authorized to conduct business as a licensed Carlsbad Taxicab Operator.
The Finance Department shall issue the Taxicab Operator a Business License
which contains the year, make and California license plate number for all Taxicabs
with the serial number of the Taximeter that was inspected by the County of San
Diego; and a Decal for each Taxicab.
5.20.050 Grounds for Denying a Taxicab Operator City of Carlsbad Business
License
If a Taxicab Operator applicant was unable to pass the background check
conducted by the County of San Diego Sheriff's Department, was under a current
investigation by the County of San Diego Sheriff's Department or any other law
enforcement agency or was unable to obtain or have issued a County Taxicab
License or had a County Taxicab License revoked or suspended for any reason
listed in the San Diego County Code of Regulatory Ordinances the Taxicab
Operator applicant will not be issued a City of Carlsbad Business License for
operating a Taxicab business in the City of Carlsbad.
The Chief of Police or his/her designee shall notify the Taxicab Operator applicant
I within 30 days after the applicant filed a complete application that the City of
Carlsbad Business License for Taxicab Operator has been denied.
5.20.060. City of Carlsbad Business License for Taxicab Operator -
Expiration and Renewal
A City of Carlsbad Business License for Taxicab Operator issued pursuant to this
chapter shall expire one year from the date it is issued unless said license, by its
terms, provides for a different expiration date. A City of Carlsbad Business
License for Taxicab Operator may be renewed by filing a renewal application not
more than 60 days and not less than 40 days prior to the expiration date with the
City of Carlsbad. The Finance Department shall forward the complete renewal
application to the Police Department for review and compliance with section
5.20.040. The Finance Department may deny renewal on the following grounds:
(1) Any of the grounds for denying a new City of Carlsbad Business
License for Taxicab Operator; or
(2) The Taxicab Operator committed an illegal act, or allowed any of its
Taxicab Drivers, agents or employees to commit an illegal act, while
engaging in the activity for which the Business License was issued or
used or allowed any Taxicab Driver, agent or employee to use the
Business License contrary to its terms; or
(3) The County of San Diego did not renew or will not renew the applicant's
County issued Taxicab Operator License.
5.20.070 Notice of Suspension, Revocation, or Denial and Appeal Rights and
Procedures
If the County of San Diego suspends, revokes, or denies a new or renewal
Taxicab Operator License the Taxicab Operator licensee must contest that
suspension, revocation, or denial with the County of San Diego.
If the City of Carlsbad suspends, revokes or denies a new or renewal Taxicab
Operator's Business License then the Taxicab Operator applicant shall utilize the
following appeal process:
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(1) The Taxicab Operator applicant must request an appeal hearing before the
Chief of Police. This request must be made in writing and it must be
physically received at the Carlsbad Police Department no later than 21 days
following the date of the notice of suspension, revocation or denial of either a
new or renewal Taxicab Operator application for City of Carlsbad Business
License. For purposes of complying with the 21 day request for hearing, the
Carlsbad Police Department "received" stamp shall be determinative for
purpose of timely compliance. Failure to file a timely written request for a
hearing shall be deemed a waiver of the applicant's right to appeal the
suspension, revocation, or denial of a City of Carlsbad Business License for
Taxicab Operator.
(2) The Chief of Police or designee will schedule a hearing within 30 days of
receipt of the written request for hearing, unless the 30 day time period is
waived in writing by the parties. At the hearing, the Taxicab Operator
applicant shall present relevant evidence for consideration by the Police
Chief or designee as to why the Business License should be issued or
renewed. The Police Chief or designee shall issue a written decision to the
applicant within 10 business days following the date of the hearing, unless
the 10 business day time period is waived in writing by the parties.
(3) If after the hearing the Chief of Police or designee does not overturn the
suspension, revocation, or denial, the Taxicab Operator applicant has the
right to appeal that suspension, revocation, or denial to the City Manager.
Said applicant shall make this request in writing and it must be received at
the Carlsbad City Clerk's Office within 10 calendar days following the date of
the Chief of Police or designee's decision. For purposes of complying with
the 10 calendar day request for a City Manager hearing, the Clerk's
"received" stamp shall be determinative for purpose of timely compliance.
Failure to file a timely written request for a City Manager hearing shall be
deemed a waiver ofthe applicant's right to appeal the suspension,
revocation, or denial of a City of Carlsbad Business License for Taxicab
Operator to the City Manager.
(4) The City Manager or designee will schedule a hearing within 30 days, unless
waived in writing by the parties. At this hearing, the Taxicab Operator
applicant shall present relevant evidence for consideration by the City
Manager or designee as to why the Business License for Taxicab Operator
should be issued or renewed. The City Manager or designee shall issue a
written decision to the applicant within 10 business days following the date of
the hearing. The decision ofthe City Manager or designee is final.
5.20.080 Insurance Requirements
It shall be unlawful for any Taxicab Operator to operate a Taxicab within the City of
Carlsbad unless the person has in effect insurance coverage issued by a company
authorized to transact insurance business in the State of California with coverage
amounts that meet the requirements of coverage for each Taxicab in an amount
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not less than $1,000,000 per occurrence, combined single limit for bodily injury
and property damage.
The certificate of insurance shall provide that the insurer will notify the Carlsbad
Chief of Police, in writing, of any policy cancellation and the notice shall be sent to
the Carlsbad Chief of Police by registered mail at least 30 days prior to
cancellation ofthe policy. The certificate shall also state:
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The full name ofthe insurer;
The name and address ofthe insured;
The insurance policy number;
The type and limits of coverage;
The specific vehicle(s) insured;
The effective dates of the certificate; and
The certificate issue date.
5.20.090 Suspension or Revocation of a City of Carlsbad Business License
for Taxicab Operator
In addition to the basis for denial set forth in section 5.20.050, a City of Carlsbad
Business License granted under the provisions of this Chapter may be suspended
or revoked by the Chief of Police, either as a whole or in part to any Taxicab
Operator or Taxicab, described herein. The City of Carlsbad Business License
may be suspended or revoked for any ofthe following reasons:
(1) Charging or demanding a passenger pay a fare exceeding the posted rate.
(2) Driving or controlling the movements of a Taxicab without a valid Taxicab
Driver Identification Card in the Taxicab.
(3) Allowing a person to drive or control the movements of a Taxicab without a
valid Taxicab Driver Identification Card.
(4) Operating or allowing another person to operate a Taxicab without the
insurance coverage required by this Chapter.
(5) Operating or allowing another person to operate a Taxicab that has not been
issued a valid Taxicab Operator License by the County.
(6) Operating a Taxicab without a current Taximeter Certificate or without the
Taximeter Certificate in the vehicle.
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(7) Violating any other provision of federal, state or local law; minor traffic
infractions excluded.
5.20.100 Permission to Make Changes in the Mode of Operation
Taxicab Operator shall notify the Police Chief and City Finance Department within
10 calendar days of all changes to its Taxicab Operator's License. The City may
suspend or revoke the Business License of any Taxicab Operator who fails to
notify the Police Chief and Finance Department of any changes to the Taxicab
Operator's License.
5.20.110 Taxicab Stands
The City of Carlsbad does not maintain any taxicab stands within the city. All taxis
are required to be legally parked at all times, including while loading and unloading
passengers.
5.20.120 Taxicab Fares
The rate schedule must be submitted to the City of Carlsbad at the time of
application for a City of Carlsbad Business License for Taxicab Operator and must
be accompanied along with the Taximeter verification from County Weights and
Measures.
The Taxicab Operator shall prominently post the rate schedule on the interior of
both rear doors of all taxicabs in letters at least one inch high. The rates shall be
displayed in dollars and cents and shall also display the "flag drop rate," "travel
charge rate," and "time charge rate." The figures that display the fare shall be
easily readable by persons in the passenger compartment of the Taxicab.
(1) It is unlawful for a passenger who has hired a Taxicab to refuse to pay the
fare.
(2) It is unlawful for the Taxicab Operator or the Taxicab Driver to request the
passenger pay a fare in excess of the posted rate or the amount due on the
Taximeter.
(3) Every Taxicab Operator and Taxicab Driver and all agent(s) and employee(s)
of a Taxicab Operator or Taxicab Driver shall accurately state the "posted
rate" in effect in response to any inquiry.
5.20.130 Rules and Regulations of Operation
All applicable federal, state, local county and city laws and regulations shall be
observed by all persons operating as a Taxicab Operator or Taxicab Driver at all
times.
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(1) A Taxicab Driver employed to transport passengers to a definite point shall
take the most direct route possible that will carry the passenger to his
destination safely and expeditiously.
(2) A Taxicab Driver shall provide a receipt to any passenger who requests one
after the passenger pays the fare. The receipt shall indicate the beginning
and ending points ofthe trip, the fare charged, the date, the Taxicab Operator
or Taxicab Driver's name, and the vehicle number, and shall be signed by the
Taxicab Driver.
(3) No person shall solicit passengers for Taxicabs other than the Taxicab
Driver. The Taxicab Driver, however, may not leave the Taxicab to solicit
passengers.
(4) No Taxicab Driver shall transport more persons, including the Taxicab Driver,
than the manufacturer's rated seating capacity for the Taxicab vehicle they
are operating. A Taxicab Driver shall also not transport luggage or other
items exceeding the vehicle's storage volume or load-carrying capacity.
(5) A Taxicab must be legally parked and the Taxicab Driver must remain within
twelve feet of their Taxicab unless the Taxicab Driver is assisting passengers
with loading and/or unloading of persons or luggage.
(6) No Taxicab Driver shall knowingly pick up a person who has summoned a
Taxicab from a competitive Taxicab Company without informing the person
that he does not represent the Taxicab Company the person summoned.
(7) No Taxicab Driver, who has been hired by a passenger, shall pick up any
additional passenger without the consent of the original passenger.
(8) A Taxicab Driver shall not operate a Taxicab unless he has affixed his/her
Taxicab Driver Identification Card in a prominent location inside the Taxicab,
visible to passengers in the passenger compartment. A Taxicab Driver while
working shall display the name and photo identification badge issued to
him/her by the County of San Diego Sheriff's Department. The Taxicab
Driver shall prominently display the badge on the outside front of the driver's
clothing, between the waist and shoulders.
(9) It shall be unlawful for a Taxicab Driver to refuse a prospective or actual fare
or to take any action to actively discourage a prospective or actual fare on the
basis of race, creed, color, age, sex, national origin or disability. A Taxicab
Driver may, however, refuse a prospective or actual fare if it is readily
apparent to the driver that a person presents a hazard to the Taxicab
Driver. A Taxicab Driver is also not obligated to transport any person who is
verbally or in any other way abusive to the Taxicab Driver.
(10) It is unlawful for a Taxicab Driver to refuse or discourage a prospective fare
based upon the length ofthe trip if the trip is within the area normally serviced
by the Taxicab Operator who employs the Taxicab Driver.
(11) A Taxicab Driver shall assist a passenger with loading or unloading a
reasonable size, number, and type of passenger luggage or other items,
when requested by a passenger. A Taxicab Driver, however, is not required
to lift any single item that exceeds 25 pounds. The requirement to assist with
loading or unloading shall be limited to retrieving or depositing items onto the
nearest curbside adjacent to a legally parked Taxicab. A sign in the form of a
transparent decal may be affixed to the rear-door, side window stating that,
"DRIVER IS NOT REQUIRED TO LOAD LUGGAGE IN EXCESS OF 25
POUNDS PER ITEM OR OF A SIZE OR KIND THAT WILL NOT SAFELY
FIT IN THE DESIGNATED LUGGAGE AREA OF THIS VEHICLE." A
Taxicab Driver with a lawful disability that prevents him from handling items
may submit proof of disability to the County of San Diego Issuing Officer
requesting relief from the requirement to assist passengers with luggage. If
approved by the County of San Diego Issuing Officer, the Taxicab Driver may
affix a small sign either in the passenger section of the vehicle to be visible to
a rear seat passenger or on the inside of the trunk cover lid stating that,
"DRIVER HAS DISABILITY THAT PREVENTS HANDLING OF LUGGAGE."
(12) A Taxicab Driver may seek passengers by driving on a public street, but may
not travel at a speed or in a manner that interferes with or impedes traffic.
(13) A Taxicab Driver shall display an "out of service" sign when the Taxicab is not
available for hire. The sign must be located inside the vehicle to be visible
and readable from outside the vehicle at a distance of at least 10 feet away.
(14) A Taxicab Driver shall maintain a daily trip log which shall be available for
inspection upon request by any peace officer. The trip log shall show the
Taxicab driver's name, taxicab number, date, time, origin and destination of
each trip, and fare charged. The logs shall have ruled lines and columns
sufficient to include all required information and the entries shall be in black
or dark blue ink. The Taxicab driver shall submit his/her trip logs to the
Taxicab Operator at least once a week.
(15) It is unlawful for any Taxicab Driver while transporting passengers to display
the flag or device attached to the Taximeter in a position indicating the
vehicle is available for hire. It is unlawful for the Taxicab Driver to prevent the
Taximeter from operating while the driver is transporting passengers. It is
unlawful for a Taxicab Driver to cause the Taximeter to record when the
Taxicab is not employed or to allow the Taximeter to continue to record after
reaching the passenger's final destination.
(16) It is unlawful for any Taxicab Operator or Taxicab Driver to refuse a
prospective or actual fare, take any action to actively discourage a
prospective or actual fare or refuse to dispatch a Taxicab Driver.
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5.20.140 Condition of Taxicabs
All Taxicabs shall be kept clean and in good condition and may be put out of
service by any law enforcement officer until any unsafe condition has been
corrected.
5.20.150 Taxicab Driver Licensing Requirements
All Taxicab Drivers in the City of Carlsbad must possess valid Taxi Driver
Identification Cards issued by the County of San Diego and a valid California
driver's license. A Taxicab Driver shall not pick up a passenger or originate a fare
in the City of Carlsbad unless the Taxicab Driver is licensed as or employed by a
Taxicab Operator possessing a valid City of Carlsbad Business License.
5.20.160 Taxicab Numbers and Information Posted Inside of a Taxicab
Every Taxicab Operator holding a City of Carlsbad Business License shall
designate each of its Taxicabs by number, and no two Taxicabs shall be
designated by the same number. The name or trade name of the Taxicab
company and the number by which the Taxicab is designated shall be painted or
stickers affixed conspicuously on the outside of each Taxicab and on the inside
the passenger compartment.
In addition, every Taxicab shall have a sign of durable material, not smaller than
six inches by four inches, securely attached and clearly displayed in view of the
passenger at all times. The sign shall provide in letters as large as the size of the
sign will reasonably allow and contain the following information:
(1) The name, address, and telephone number of the City of Carlsbad Police
Department;
(2) The name, address, and telephone number of the Taxicab Operator's
company licensed under this Chapter.
5.20.170 Transferability ofa Business License
No City of Carlsbad Business License issued under the terms of this Chapter shall
be transferable either by contract or operation of law.
5.20.180 Violations
(1) Every person who violates any of the provisions of this Chapter shall be guilty
of an infraction or misdemeanor punishable as provided in Section
1.08.010(b).
(2) Any Taxicab Operator, or Taxicab Driver whether an employee or
independent contractor of a Taxicab Operator violating, permitting, or
assisting the violation of any provisions of this Chapter shall be subject to
any and all civil remedies, including without limitation to Business License
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suspension and revocation. All remedies provided herein shall be cumulative
and not exclusive. Any violation of these provisions shall constitute a
separate violation for each and every day during which such violation is
committed or continued.
(3) In addition to the remedies set forth in subsection 2 of this section, any
Taxicab Operator that is operating in violation of this Chapter is hereby
declared to constitute a public nuisance and, as such, may be abated or
enjoined from further operation in the City of Carlsbad.
EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause
the full text of the ordinance or a summary of the ordinance prepared by the City
Attorney to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 9*^ day of July 2013, and thereafter;
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PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2013, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA BREWER, City Attomey
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON
City Clerk
DRAFT TAXI CAB ORDINANCE
Chapter 5.20
TAXICABS
Sections:
5.20.010 Definitions
5.20.020 Certificate of public convenience and necessity Business License
5.20.030 Application for certificate Information and Fee
5.20.040 Investigation and issuance of certificate a Citv Business License
and Citv of Carlsbad Decal
5.20.050 Appeal Grounds for Denying a Taxicab Operator Citv of Carlsbad
Business License
5.20.060 Grounds for denying certificate City of Carlsbad Business License
for Taxicab Operator - Expiration and Renewal
5.20.070 Insurance reguirements Notice of Suspension. Revocation, or
Denial and Appeal Rights and Procedures
5.20.080 Revocation of certificates and permits Insurance Reguirements
5.20.090 Permission to make changes in mode of operation Suspension or
Revocation of a Citv of Carlsbad Business License
5.20.100 Taxicab Stands Permission to Make Changes in the Mode of
Operation
5.20.110 Failure to pay fares Taxicab Stands
5.20.120 Rules and regulations for operation Taxicab Fares
5.20.130 License reguirements Rules and Regulations of Operation
5.20.140 Driver's permit reguirements Condition of Taxicabs
5.20.150 Taxicab numbers Taxicab Driver Licensing Reguirements
5.20.160 Transferability of permit or certificate Taxicab Numbers and
Information Posted Inside of a Taxicab
5.20.170 Transferability of a Business License
5.20.180 Violations
5.20.010 Definitions
For the purposes of this chapter, the following words and phrases shall have the
meaning respectively ascribed to them by this section, unless it is apparent from the
context that a different meaning is intended:
(1) "Certificate" means a certificate of public convenience and necessity issued
pursuant to this chapter; "City Of Carlsbad Business License" or "Business
License" means the business license that is issued by the Citv of Carlsbad that is
reguired to operate a taxi business or provide taxi services that originate within the
city limits of Carlsbad.
(2) "Taxicab" means a passenger vehicle designed for carrying not more than eight
persons, excluding the driver, and used to carry passengers for hire. "Taxicab"
shall not include a charter party carrier of passengers within the meaning ofthe
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
Passenger Charter Party Carrier's Act, Chapter 8 of Division 2 of the Public
Utilities Code (Section 5351 et seg.). "City" means the Citv of Carlsbad.
(3) "Certificate of Liability Insurance" means the Certificate of Liability Insurance
issued bv an insurance company in the name of the taxi company in the reguired
coverage amounts by the City of Carlsbad in order to obtain a Business License.
(4) "Countv" means the County of San Diego and includes the San Diego Countv
Sheriff Department.
(5) "Decal" means a pre-numbered Decal that demonstrates issuance of a City
Business License, to be affixed to the left portion of the passenger side rear
window. The Decal will be hole-punched with its expiration month and year. This
Decal authorizes the Taxicab to provide taxi services that originate in the City of
Carlsbad.
(6) "Passenger" shall mean every occupant other than the driver of a Taxicab.
(7) "Posted Rate" means the rate the operator has registered with the Countv for
transporting passengers and which is conspicuously posted in the Taxicab. The
"posted rate" includes flat rate fares and the fares at which the Taximeter has been
calibrated and inspected by the sealer of County of San Diego Weights and
Measures.
(8) "Taxicab" means a motor vehicle as the term is defined bv the California Vehicle
Code used for transportation of passengers for hire, eguipped with a Taximeter. A
Taxicab shall be a vehicle designed to transport no more than eight persons,
excluding the driver.
(9) "Taxicab Driver" means any person or individual who drives or is in actual physical
control of a Taxicab.
(10) "Taxicab Driver Identification Cards" or "Identification Card" means the two annual
Countv identification cards issued to a Taxicab Driver, bv the San Diego County
Sheriff Department, authorizing a Taxicab Driver to pick up passengers. Both
Identification Cards shall be made available to any passenger or law enforcement
official for inspection prior to. during and after any transportation of passengers.
A. The larger Identification Card is approximately 8" long by 5-1/4" high and
will be on display, unaltered and without obstruction, on the dash board of
all Taxicabs while the Taxicab Driver is operating the Taxicab in the City.
B. The smaller Identification Card is approximatelv 3-1/4" long by 2" high and
shall be worn by the Taxicab Driver, at all time while operating the Taxicab
in the City.
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
(11) "Taxicab Operator" means the person, business, partnership, association, firm or
corporation which is engaged in the Taxicab business.
(12) "Taxicab Operator License" means the annual license issued by the County
Sheriffs Department authorizing a Taxicab Operator to pick up passengers. In
addition the Taxicab Operator shall obtain a City Business License.
(13) "Taxicab Vehicle Inspection Form" means the County Sheriffs Department Taxicab
Vehicle inspection Form. Each and every Taxicab operating within the City shall
have a completed and approved Taxicab Vehicle Inspection Form. A copy ofthe
Taxicab Vehicle Inspection Form shall be maintained in each Taxicab and shall be
made available for viewing bv any passenger or law enforcement official prior to.
during and after anv transportation of passengers.
(14) "Taximeter" means the device on the inside of a Taxicab that is calibrated to
calculate the fare earned by the Taxicab Driver for transporting passengers.
(15) "Taximeter Certificate" means the certificate issued by the County Weights and
Measures Department showing that the Taximeter for that Taxicab has been
calibrated. A copy ofthe Taximeter certificate, to its specifically assigned Taxicab.
shall be maintained in each Taxicab and be made available to any passenger or
law enforcement official for inspection prior to. during and after any transportation
of passengers.
5.20.020 Certificate of public convenience and nocossity Business License
No person shall engage in the business of providing Taxicab services that originate in OF
of operating a Taxicab upon any public street within the City of Carlsbad without having
obtained a Citv of Carlsbad Business License and in good standing a certificate of
public convenience and necessity to do so, and without complying shall comply with-of
having complied with all the provisions of this chapter and of such certificate Business
License.
5.20.030 Application for certificate Information and Fee
Any person desiring wanting to obtain the certificate a Business License required by this
chapter to operate Taxicab services originating in the City of Carlsbad shall pay a fee as
established by resolution of the City Council to the license collector and shall make a
verified application for the certificate to the chief of police Citv Finance Department.
The application shall set forth include the following:
Owners:
(1) The name and address of applicant, and if the same be a corporation, the names
of its principal officers; if the same be a partnership, association or fictitious
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
company, the names of the partners or persons comprising the association or
company, with the address of each;
(2) A complete schedule ofthe fares or rates to be charged; The trade name ofthe
Taxicab Operator or company;
(3) Taxicab Operator's Certificate of Liability Insurance for the Taxicab. A description
of every motor vehicle which applicant proposes to use, giving:
(A) Trade name;
(B) Motor and serial number;
(C) State license number;
(D) Seating capacity;
(E) Body style;
(A) The street number and exact location ofthe place where applicant proposes to
stand each such taxicab;
(5) The name of the legal and registered owner of each such vehicle;
(6) The distinctive color scheme, name, monogram or insignia which shall be used
on such taxicab;
(7) If any proposed stand is in the public street, the application shall bo
accompanied by a written consent thereto of all occupants of the ground floor of
any building or lot in front of any building or lot in front of which taxicab is to be
located, and for twenty five feet each way therefrom, or if there is no such
occupant, by the written consent thereto of the owner or lessee of such building
or lot;
(8) All persons whose names appear as required by subparagraph 1 of this section
shall indicate in their application their assent to submit to background
investigation and fingerprinting by chief of police. Thereafter, the chief of police
shall obtain the fingerprints during the conduct of investigation of the applicant
as required by the following section. The chief of police shall immediately
inquire into the facts and shall investigate the character and background of tho
applicant and shall be prepared to submit the results of the investigation to the
city manager when so requested.
(A) For Taxicab Vehicle(s):
(1) A photo copy of a valid California registration card for every Taxicab
vehicle owned or leased by applicant Taxicab Operator for which a City
Decal will be issued.
(2) A photo copy of each Taximeter certificate, including the serial number
that was issued by the County for each Taxicab for which a City Decal will
be issued.
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
(3) A photo copy of each Taxicab Vehicle Inspection Form issued by the
County for each Taxicab for which a Citv Decal will be issued.
(4) The distinctive color scheme, name, monogram or insignia which shall be
used on such Taxicab vehicle.
(5) Copy of a certificate of insurance pursuant to 5.20.080.
5.20.040 Investigation and issuance of certificato a Citv of Carlsbad Business
License and Citv of Carlsbad Decal
At the time set for the review of such application, the city manager may examine the
applicant and all persons interested in the matter set forth in the application, and the city
manager shall determine whether or not the public interest, convenience and necessity
require the issuance ofthe certificate applied for, and if it be found by the city manager
that the public interest, convenience and necessity require the issuance of the certificate
applied for, the city manager shall issue a certificate in accordance with the application,
subject to the filing and approval of an undertaking as provided in Section 5.20.070, and
subject to such conditions as may be imposed by the city manager including the
minimum and maximum number of vehicles that may be used.
Taxicab Operators names are submitted to the Carlsbad Police Department for
approval. The Chief of Police or his/her designee shall inspect all applications and
forms reguired bv the chapter to ensure they are valid copies issued by the County of
San Diego prior to applicant(s) operating any Taxicab service/business in the Citv of
Carlsbad. After the Police Department has reviewed all documents in their entirety, and
checked with the Countv of San Diego that the Taxicab Operator(s) and Taxicab(s) are
in good standing with the Countv of San Diego, the Police Department shall notify the
Citv's Finance Department that Taxicab Operator(s) is authorized to conduct business
as a licensed Carlsbad Taxicab Operator.
Upon receipt of appropriate approvals and certifications, the Finance Department shall
issue the Taxicab Operator a Business License and a Decal for each Taxicab.
5.20.050 Appeal Grounds for Denying a Taxicab Operator Citv of Carlsbad
Business License
If a Taxicab Operator applicant was unable to pass the background check conducted bv
the County of San Diego Sheriffs Department, was under a current investigation bv the
County of San Diego Sheriffs Department or any other law enforcement agency or was
unable to obtain or have issued a County Taxicab License or had a County Taxicab
License revoked or suspended for any reason listed in the San Diego Countv Code of
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
Regulatory Ordinances the Taxicab Operator applicant will not be issued a Citv of
Carlsbad Business License for operating a Taxicab business in the Citv of Carlsbad.
The Chief of Police or his/her designee shall notify the Taxicab Operator applicant
within 30 days after the applicant filed a complete application that the Citv of Carlsbad
Business License for Taxicab Operator has been denied.
5.20.060. Grounds for denying oortificato Citv of Carlsbad Business License for
Taxicab Operator - Expiration and Renewal
Any of the following reasons shall be sufficient for denial of a certificate required by this
chapter:
That the application is not in the form, and does not contain the information
required to be contained therein by this chapter;
(2) That the vehicles described therein are inadequate or unsafe for the purposes for
which they are to be used;
(3) That the color scheme, name, monogram or insignia to be used upon such
automobiles shall be in conflict with or imitate any color scheme, name, monogram or
insignia used by any person in such manner as to be misleading or tend to deceive or
defraud the public;
{4) That the location of the stand, as therein stated, is such as to congest or interfere
with travel on any public street, or that the proposed stand is within three hundred feot
of any other taxi stand theretofore fixed by the city council on the same street;
{§) That the applicant has, at some prior time, had such a certificate revoked for
reason;
(6) That it appears to the city manager that there are sufficient taxicabs for hire in the
city to fully serve the public, and that the public interest, convenience and necessity do
not require the issuance of such certificate;
(7) That the schedule of fares or rates does not appear to be fair and equitable
A City of Carlsbad Business License for Taxicab Operator issued pursuant to this
chapter shall expire one year from the date it is issued unless said license, bv its terms,
provides for a different expiration date. A City of Carlsbad Business License for Taxicab
Operator may be renewed by filing a renewal application not more than 60 davs and not
less than 40 davs prior to the expiration date with the City of Carlsbad. The Finance
Department shall fon/vard the complete renewal application to the Police Department for
review and compliance with section 5.20.040. The Finance Department may deny
renewal on the following grounds:
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
(1) Any ofthe grounds for denying a new City of Carlsbad Business License for
Taxicab Operator; or
(2) The Taxicab Operator committed an illegal act, or allowed any of its Taxicab
Drivers, agents or employees to commit an illegal act, while engaging in the
activity for which the Business License was issued or used or allowed any
Taxicab Driver, agent or employee to use the Business License contrary to
its terms: or
(3) The Countv of San Diego did not renew or will not renew the applicant's
Countv issued Taxicab Operator License.
5.20.070 Insurance roguiromonts Notice of Suspension. Revocation, or Denial
and Appeal Rights and Procedures
Before a certificate is issued by the city manager, the applicant shall deliver to the city
manager a policy of insurance executed by a company duly authorized under the laws
of this state to do an insurance business by the provisions of which policy such
company promises and undertakes to pay in full all legal liability incurred by the insured
for damages to persons or property resulting from the operation of the automobile
referred to in the application; provided, that the insurance policy complies with at least
the minimum coverage for which liability shall be assumed for injury, death and
destruction of property as established by resolution of the city council.
If the County of San Diego suspends, revokes, or denies a new or renewal Taxicab
Operator License the licensee must contest that suspension, revocation, or denial with
the Countv of San Diego.
If the City of Carlsbad suspends, revokes or denies a new or renewal Taxicab
Operator's Business License then the Taxicab Operator applicant shall utilize the
following appeal process:
(1) The Taxicab Operator applicant must reguest an appeal hearing before the Chief
of Police. This reguest must be made in writing and it must be physically received
at the Carlsbad Police Department no later than 21 days following the date of the
notice of suspension, revocation or denial of either a new or renewal Taxicab
Operator application for Citv of Carlsbad Business License. For purposes of
complying with the 21 day reguest for hearing, the Carlsbad Police Department
"received" stamp shall be detemiinative for purpose of timely compliance. Failure
to file a timely written reguest for a hearing shall be deemed a waiver of the
applicant's right to appeal the suspension, revocation, or denial of a City of
Carlsbad Business License for Taxicab Operator.
(2) The Chief of Police or designee will schedule a hearing within 30 days of receipt of
the written reguest for hearing, unless the 30 day time period is waived in writing
by the parties. At the hearing, the Taxicab Operator applicant shall present
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
relevant evidence for consideration by the Police Chief or designee as to why the
Business License should be issued or renewed. The Police Chief or designee shall
issue a written decision to the applicant within 10 business days following the date
ofthe hearing, unless the 10 business day time period is waived in writing by the
parties.
(3) If after the hearing the Chief of Police or designee does not overturn the
suspension, revocation, or denial, the Taxicab Operator applicant has the right to
appeal that suspension, revocation, or denial to the City Manager. Said applicant
shall make this reguest in writing and it must be received at the Carlsbad Citv
Clerk's Office within 10 calendar davs following the date of the Chief of Police or
designee's decision. For purposes of complying with the 10 calendar day reguest
for a Citv Manager hearing, the Clerk's "received" stamp shall be determinative for
purpose of timely compliance. Failure to file a timely written reguest for a Citv
Manager hearing shall be deemed a waiver of the applicant's right to appeal the
suspension, revocation, or denial of a City of Carlsbad Business License for
Taxicab Operator to the City Manager.
(4) The City Manager or designee will schedule a hearing within 30 davs. unless
waived in writing by the parties. At this hearing, the Taxicab Operator applicant
shall present relevant evidence for consideration bv the City Manager or designee
as to why the Business License for Taxicab Operator should be issued or renewed.
The City Manager or designee shall issue a written decision to the applicant within
10 business days following the date ofthe hearing. The decision ofthe Citv
Manager or designee is final.
5.20.080 Revocation of cortificatos and permits Insurance Reguirements
Any certificate or permit granted under the provisions of this chapter may bo
revoked by the city manager either as a whole or as to any car described therein, or as
to the right to use any distinctive color, monogram or insignia, after five days' notice to
the certificate holder, requiring him to appear at a certain time and place to show causo
why the certificate should not be revoked for any of the following reasons:
(1) That the undertaking provided for in Section 5.20.070 has not been given or has
been withdrawn or lapsed for nonpayment of premium, or not in force for any
reason;
(2) For the nonpayment to the city of any license fee provided by Chapters 5.04
and 5.08
(3) For failure to observe any of the rules and regulations or provisions set out in
this chapter or in the certificate;
{A) For the violation of any of the laws of the state or ordinances of the city by any
certificate holder, operator or driver of any taxicab covered by such certificato;
(5) For failure to maintain satisfactory service to the public by means of any of tho
vehicles described in the application or for failure to keep any such car in uso
8
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
for an unreasonable length of time, or for failure to use the distinctive color,
monogram or insignia described in the application, or for deviation from tho
schedule of rates and fares set forth in the application;
(6) For any cause which in the opinion of the city manager makes it contrary to tho
public interest, convenience and necessity for the certificate or permit to bo
continued.
It shall be unlawful for anv Taxicab Operator to operate a Taxicab within the Citv of
Carlsbad unless the person has in effect insurance coverage issued by a company
authorized to transact insurance business in the State of California with coverage
amounts that meet the reguirements of coverage for each Taxicab in an amount not
less than $1.000.000 per occurrence, combined single limit for bodily injury and property
damage.
The certificate of insurance shall provide that the insurer will notify the Carlsbad Chief of
Police, in writing, of any policv cancellation and the notice shall be sent to the Carlsbad
Chief of Police bv registered mail at least 30 days prior to cancellation ofthe policv. The
certificate shall also state:
(1) The full name of the insurer:
(2) The name and address of the insured:
(3) The insurance policy number:
(4) The type and limits of coverage:
(5) The specific yehicle(s) insured:
(6) The effective dates of the certificate: and
(7) The certificate issue date.
5.20.090 Permission to make changes in modo of operation Suspension or
Revocation of a Citv of Carlsbad Business License for Taxicab Operator
In addition to the basis for denial set forth in section 5.20.050. a Citv of Carlsbad
Business License granted under the provisions of this Chapter may be suspended or
revoked by the Chief of Police, either as a whole or in part to any Taxicab Operator or
Taxicab. described herein. The Citv of Carlsbad Business License may be suspended
or revoked for any of the following reasons:
(1) Charging or demanding a passenger pay a fare exceeding the posted rate.
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
(2) Driving or controlling the movements of a Taxicab without a valid Taxicab Driver
Identification Card in the Taxicab.
(3) Allowing a person to drive or control the movements of a Taxicab without a valid
Taxicab Driver Identification Card.
(4) Operating or allowing another person to operate a Taxicab without the insurance
coverage reguired by this Chapter.
(5) Operating or allowing another person to operate a Taxicab that has not been
issued a valid Taxicab Operator License by the Countv.
(6) Operating a Taxicab without a current Taximeter Certificate or without the
Taximeter Certificate in the vehicle.
(7) Violating any other provision of federal, state or local law: minor traffic infractions
excluded.
5.20.100 Taxicab stands Permission to Make Changes in the Mode of Operation
The city manager may specify stands at which such taxicabs may be parked and may
specify the nature and extent ofthe use ofthe stand. Such stand shall consist of a one
car space, to be marked off, painted and reserved for such taxicabs only.
Taxicab Operator shall notify the Police Chief and City Finance Department within 10
calendar days of all changes to its Taxicab Operator's License. The City mav suspend
or revoke the Business License of any Taxicab Operator who fails to notify the Police
Chief and Finance Department of any changes to the Taxicab Operator's License.
5.20.110 Failuro to pav faros Taxicab Stands
No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired
the same, with the intent to defraud the person from whom it is hired.
The Citv of Carlsbad does not maintain any taxicab stands within the city. All taxis are
reguired to be legally parked at all times, including while loading and unloading
passengers.
5.20.120 Rules and regulations for operation Taxicab Fares
The following rules and regulations shall be observed by all persons operating taxicabs:
(4) Caps and Badges. Any person driving a taxicab shall wear a distinctive hat or
cap with a badge in plain sight inscribed with the name of the person to whom tho
certificate has been issued;
10
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
(2) Insurance. No taxicabs shall be operated in the city unless the undertaking
provided for in Section 6.20.070 is in full force and effect;
(3) Standing on Streets. No taxicab shall remain standing upon any public street for
business purposes except for loading and unloading passengers, and then not for a
period of more than five minutes, excepting at such stand as may be designated by tho
city manager. This section shall not apply to any taxicab while the same is engaged by
and being paid for by a passenger;
^4) Soliciting Passengers; Exclusive Use of Taxicab by Passengers. No operator,
driver or owner of any taxicab shall solicit or carry any passenger after such taxicab
shall have been engaged or while in use for another passenger, without the consent of
the passenger first engaging the same having been first obtained. A passenger
engaging such taxicab shall have the exclusive right to full and free use of the
passenger compartment and the whole thereof if he desires the same;
{§) Direct Route. The driver of any taxicab shall carry any passengers engaging the
same safely and expeditiously to his destination by the most direct and accessible
route;
(§) Business License. No person shall operate any taxicab without prepaying any
license fee required by the city for the transaction of such business;
fT) Mechanical Condition. All taxicabs shall be kept in good mechanical condition;
(8) Class 3 or Better License and Driver's Permit. No person shall drive a taxicab in
the city without first having obtained a Class 3 or better license and also a city taxicab
driver's permit issued in writing by the chief of police;
(9) Unfair Competition. No driver, owner or operator of any taxicab shall indulge in
unfair competition with competitors or shall commit any fraud upon the public or other
persons engaged in the same business, and the city manager shall be the sole judge of
what constitutes fraud or unfair competition under the provisions of this section. Any
complaints to the council of violation of this section shall only be heard upon written
complaint specifying the act complained of and sworn to by the complainant before a
notary public or other officer authorized to administer oaths;
(40)—Information to be Posted in Taxicabs. In every taxicab there shall be a sign of
heavy material, not smaller than six inches by four inches, (or such other specified by
the city manager) securely attached and clearly displayed in view ofthe passenger at all
times, providing in letters as large as the size of the sign will reasonably allow, all of the
following information:
(A) The name, address, and telephone number of the police department;
(B) The name, address, and telephone number of the firm licensed under this
chapter;
(G) The name or trade name of the certificate holder;
(D) —The taxicab number; and
(E) A schedule of rates and charges;
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EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
(44)—Remaining Near Cab. The driver of a taxicab shall remain within ten feet of his
taxicab while parked at any stand designated by the city manager, except while
assisting passengers to load or unload or while answering his telephone;
(42) —Excessive Charges. No charge shall be made by any operator or owner of a
taxicab lower than or in excess of the rates posted in the passenger compartment of tho
car and approved by the city council;
(43) —Sanitary Condition. No taxicab shall be operated unless the passenger
compartment be kept clean and in sanitary condition;
(44) —Fire Extinguisher. Every taxicab shall be equipped at all times with a standard
type of fire extinguisher in good working condition;
(4^)—Baggage; Canceling Calls. Persons served with a taxicab hereunder shall bo
entitled to have such valises or small hand baggage as can bo conveniently carried
when the vehicle is loaded, conveyed and unloaded without charge. Persons canceling
calls for taxicabs or for hire cars after dispatch in answer thereto may be charged tho
same rate as if used;
(4€)—Refusal to Carry Passengers. It is unlawful for any driver operating under a
permit issued pursuant to the terms of this chapter to refuse when the vehicle is in
service and not otherwise engaged to transport any passengers who prooont
themselves for carriage in a sober and orderly manner and for a lawful purpooo;
(4^)—Extra Fares for Additional Passengers. When a plural number of passengers hiro
a taxicab the maximum number of three adult passengers shall be carried for one faro.
When more than throe passengers engage the taxicab, the number in excess of throo
shall pay a pro rata share of one third fare for each additional person.
The rate schedule must be submitted to the City of Carlsbad at the time of application
for a City of Carlsbad Business License for Taxicab Operator and must be accompanied
along with the Taximeter verification from County Weights and Measures.
The Taxicab Operator shall prominently post the rate schedule on the interior of both
rear doors of all taxicabs in letters at least one inch high. The rates shall be displayed
in dollars and cents and shall also display the "flag drop rate." "travel charge rate." and
"time charge rate." The figures that display the fare shall be easily readable by persons
in the passenger compartment of the Taxicab.
(1) It is unlawful for a passenger who has hired a Taxicab to refuse to pay the fare.
(2) It is unlawful for the Taxicab Operator or the Taxicab Driver to reguest the
passenger pay a fare in excess of the posted rate or the amount due on the
Taximeter.
(3) Every Taxicab Operator and Taxicab Driver and all agent(s) and employee(s) of
a Taxicab Operator or Taxicab Driver shall accurately state the "posted rate" in
effect in response to anv inguirv.
12
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
5.20.130 License roquiremonts Rules and Regulations of Operation
No person shall solicit or pick up passengers for pay on the streets of the city for
transportation in any cab, taxicab, automobile, station wagon or bus not licensed by and
carrying a certificate to do so from and by the city manager excepting only buses
operating under authority ofthe state public utilities commission.
All applicable federal, state, local countv and city laws and regulations shall be
observed by all persons operating as a Taxicab Operator or Taxicab Driver at all times.
(1) A Taxicab Driver employed to transport passengers to a definite point shall take
the most direct route possible that will carry the passenger to his destination
safely and expeditiously.
(2) A Taxicab Driver shall provide a receipt to any passenger who reguests one after
the passenger pays the fare. The receipt shall indicate the beginning and ending
points of the trip, the fare charged, the date, the Taxicab Operator or Taxicab
Driver's name, and the vehicle number, and shall be signed by the Taxicab
Driver.
(3) No person shall solicit passengers for Taxicabs other than the Taxicab
Driver. The Taxicab Driver, however, may not leave the Taxicab to solicit
passengers.
(4) No Taxicab Driver shall transport more persons, including the Taxicab Driver,
than the manufacturer's rated seating capacitv for the Taxicab vehicle they are
operating. A Taxicab Driver shall also not transport luggage or other items
exceeding the vehicle's storage volume or load-carrying capacity.
(5) A Taxicab must be legally parked and the Taxicab Driver must remain within
twelve feet of their Taxicab unless the Taxicab Driver is assisting passengers
with loading and/or unloading of persons or luggage.
(6) No Taxicab Driver shall knowingly pick up a person who has summoned a
Taxicab from a competitive Taxicab Company without informing the person that
he does not represent the Taxicab Company the person summoned.
(7) No Taxicab Driver, who has been hired bv a passenger, shall pick up any
additional passenger without the consent ofthe original passenger.
(8) A Taxicab Driver shall not operate a Taxicab unless he has affixed his/her
Taxicab Driver Identification Card in a prominent location inside the Taxicab.
visible to passengers in the passenger compartment. A Taxicab Driver while
working shall display the name and photo identification badge issued to him/her
by the County of San Diego Sheriff's Department. The Taxicab Driver shall
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EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
prominently display the badge on the outside front ofthe driver's clothing.
between the waist and shoulders.
(9) It shall be unlawful for a Taxicab Driver to refuse a prospective or actual fare or
to take anv action to actively discourage a prospective or actual fare on the basis
of race, creed, color, age, sex, national origin or disability. A Taxicab Driver may,
however, refuse a prospective or actual fare if it is readily apparent to the driver
that a person presents a hazard to the Taxicab Driver. A Taxicab Driver is also
not obligated to transport anv person who is verbally or in any other way abusive
to the Taxicab Driver.
(10) It is unlawful for a Taxicab Driver to refuse or discourage a prospective fare
based upon the length of the trip if the trip is within the area normally serviced bv
the Taxicab Operator who employs the Taxicab Driver.
(11) A Taxicab Driver shall assist a passenger with loading or unloading a reasonable
size, number, and type of passenger luggage or other items, when reguested bv
a passenger. A Taxicab Driver, however, is not reguired to lift anv single item
that exceeds 25 pounds. The reguirement to assist with loading or unloading
shall be limited to retrieving or depositing items onto the nearest curbside
adiacent to a legally parked Taxicab. A sign in the form of a transparent decal
may be affixed to the rear-door, side window stating that. "DRIVER IS NOT
REQUIRED TO LOAD LUGGAGE IN EXCESS OF 25 POUNDS PER ITEM OR
OF A SIZE OR KIND THAT WILL NOT SAFELY FIT IN THE DESIGNATED
LUGGAGE AREA OF THIS VEHICLE." A Taxicab Driver with a lawful disability
that prevents him from handling items may submit proof of disability to the
County of San Diego Issuing Officer reguesting relief from the reguirement to
assist passengers with luggage. If approved by the Countv of San Diego Issuing
Officer, the Taxicab Driver may affix a small sign either in the passenger section
of the vehicle to be visible to a rear seat passenger or on the inside of the trunk
cover lid stating that. "DRIVER HAS DISABILITY THAT PREVENTS HANDLING
OF LUGGAGE."
(12) A Taxicab Driver may seek passengers by driving on a public street, but may not
travel at a speed or in a manner that interferes with or impedes traffic.
(13) A Taxicab Driver shall display an "out of service" sign when the Taxicab is not
available for hire. The sign must be located inside the vehicle to be visible and
readable from outside the vehicle at a distance of at least 10 feet awav.
(14) A Taxicab Driver shall maintain a daily trip log which shall be available for
inspection upon reguest bv any peace officer. The trip log shall show the
Taxicab driver's name, taxicab number, date, time, origin and destination of each
trip, and fare charged. The logs shall have ruled lines and columns sufficient to
include all reguired information and the entries shall be in black or dark blue
14
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
ink. The Taxicab driver shall submit his/her trip logs to the Taxicab Operator at
least once a week.
(15) It is unlawful for anv Taxicab Driver while transporting passengers to display the
flag or device attached to the Taximeter in a position indicating the vehicle is
available for hire. It is unlawful for the Taxicab Driver to prevent the Taximeter
from operating while the driver is transporting passengers, it is unlawful for a
Taxicab Driver to cause the Taximeter to record when the Taxicab is not
employed or to allow the Taximeter to continue to record after reaching the
passenger's final destination.
(16) It is unlawful for any Taxicab Operator or Taxicab Driver to refuse a prospective
or actual fare, take any action to actively discourage a prospective or actual fare
or refuse to dispatch a Taxicab Driver.
5.20.140 Driver's permit roquiremonts Condition of Taxicabs
(1) Generally. No person shall drive a taxicab in the city without first applying in writing
to the chief of police for permanent driver's permit. The chief of police is authorized
and empowered to issue a temporary driver's permit pending the investigation and
issuance required for a permanent driver's permit. Any person desiring to obtain
such driver's permit shall make written application therefor to the chief of police
accompanied by a fee as established by resolution of the city council. No permit
shall be issued to any person under the age of eighteen years, or to any person
who has, within a period of ten years immediately preceding such application, boon
convicted of a felony or to any person who, within a period of two years immediately
preceding such application, has been convicted of reckless driving or driving a
vehicle upon a highway while under the influence of intoxicating liquors or drugs, or
convicted of tho violation of any of the provisions of the Alcoholic Beverage Control
Act of the state or to any person who is for any reason whatsoever unable or
incompetent to safely demonstrate his skill and ability to safely handle his vehicle in
driving it through the crowded sections of the city accompanied by an inspector
designated by the chief of police. No driver's permit shall be granted to any person
who in the discretion of the chief of police is not of a good moral character or who
cannot speak the English language or who does not hold both a Class 3 or bettor
license issued by the Motor Vehicle Department of the state and a County of San
Diego Sheriffs department Taxi Driver's Identification Card, or who is not sufficiently
acquainted with the laws or ordinances regulating tho operation of motor vohicloo.
Any falsification on the application for the permit will be grounds for the refusal of
the permit.
(2) Photograph and Fingerprints. Before a driver's permit is granted to any applicant,
the applicant shall present himself to the police department, furnish an acceptable
photograph and be fingerprinted, and such photographs and fingerprints shall bo
filed with the permanent records of the police department.
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EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
(3) Posting. Upon obtaining tho permit tho driver or operator ohall at all timoo koop
posted in full view in the vehicle operated by him an identification card not less than
four inches by six inches in size, furnished by the chief of police, which shall havo
plainly printed thereon the name ofthe operator or driver, his business address and
telephone number, his permit numbor and his photograph.
(A) Duration; Renewal. All permits to drivo a taxicab ohall expire one year from the date
of issue. Applications for renewal shall be made within thirty days before the date of
expiration of tho permit. When renewal is made within tho period proscribed, such
renewal shall bo accompanied by a fee as established by resolution of the city
council. Permits are peroonal and aro not transferable.
(5) Revocation or Suspension. The chief of police may revoke or suspend any ouch
driver's permit oo issued for any violation of the provisions of this chapter by tho
holder of such permit or for the existence of any state of facts which would havo
been a good reason for denying such permit when applied for, whether such state
of facts oxiotod at the time application wao made for ouch permit or came into
existence thoroaftor.
(6) Appeals. In the event of a refusal of permit, revocation or suspension of any driver's
permit by tho chief of police, the applicant or permittee may appeal from tho
decision to tho city council, which may in its discretion affirm, revoroo or modify tho
rule made by the chief of police.
All Taxicabs shall be kept clean and in good condition and may be put out of service bv
anv law enforcement officer until any unsafe condition has been corrected.
5.20.150 Taxicab numbers Taxicab Driver Licensing Reguirements.
Every certificate holder shall designate each of his taxicabo by number, and no two
taxicabs of any certificate holder shall bo designated by the same numbor. Tho namo or
trade name of the certificate holder and the number by which the taxicab is designated
shall be printed, stamped or otencilled conspicuously on the outside of each taxicab and
in the passenger compartment.
All Taxicab Drivers in the Citv of Carlsbad must possess valid Taxi Driver Identification
Cards issued by the County of San Diego and a valid California driver's license. A
Taxicab Driver shall not pick up a passenger or originate a fare in the Citv of Carlsbad
unless the Taxicab Driver is licensed as or employed by a Taxicab Operator possessing
a valid City of Carlsbad Business License.
5.20.160 Transferability of permit or certificato Taxicab Numbers and Information
Posted Inside of a Taxicab
No certificate or permit issued under the terms of this chapter shall be tranoforablo
either by contract or operation of law without the permission ofthe city manager having
16
EXHIBIT 2
DRAFT TAXI CAB ORDINANCE
been first obtained and any such attempted transfer shall be sufficient cauoo for
revocation thereof
Every Taxicab Operator holding a City of Carlsbad Business License shall designate
each of its Taxicabs bv number, and no two Taxicabs shall be designated bv the same
number. The name or trade name of the Taxicab company and the number by which the
Taxicab is designated shall be painted or stickers affixed conspicuously on the outside
of each Taxicab and on the inside the passenger compartment.
In addition, every Taxicab shall have a sign of durable material, not smaller than six
inches by four inches, securely attached and clearly displayed in view of the passenger
at all times. The sign shall provide in letters as large as the size of the sign will
reasonably allow and contain the following information:
(1) The name, address, and telephone number of the Citv of Carlsbad Police
Department:
(2) The name, address, and telephone number of the Taxicab Operator's company
licensed under this Chapter.
5.20.170 Transferability ofa Business License.
No City of Carlsbad Business License issued under the terms of this Chapter shall be
transferable either by contract or operation of law.
5.20.180 Violations.
(1) Every person who violates anv ofthe provisions of this Chapter shall be guilty of
an infraction or misdemeanor punishable as provided in Section 1.08.010(bV
(2) Anv Taxicab Operator, or Taxicab Driver whether an employee or independent
contractor of a Taxicab Operator violating, permitting, or assisting the violation of
any provisions of this Chapter shall be subiect to any and all civil remedies-
including without limitation to Business License suspension and revocation. All
remedies provided herein shall be cumulative and not exclusive. Any violation of
these provisions shall constitute a separate violation for each and every day
during which such violation is committed or continued.
(3) In addition to the remedies set forth in subsection 2 of this section, any Taxicab
Operator that is operating in violation of this Chapter is hereby declared to
constitute a public nuisance and, as such, may be abated or enjoined from
further operation in the City of Carlsbad.
17
EXHIBIT 2
Taxicab Ordinance Update
Lt. Kelly J. Cain
July 9, 2013
Background
•Recognition of the need for an enforcement
tool
–Crimes related to taxicabs/operators
–Complaints related to service, fares, etc.
–Improved process and updated municipal code
–Eliminate redundancy
Changes to the Municipal Code
•Certificate to business license, 5.20.010
•Taxicab defined by the Vehicle Code, 5.20.010
–Commercial Vehicle per 260 C.V.C.
•Notice of Suspension, etc., 5.20.070
•Insurance requirements updated, 5.20.080
•Removal of taxi “stand” requirements,
5.20.110
3
Changes to the Municipal Code
•Taxicab fares, 5.20.120, amended
–No more hats
–Rate schedule submitted to the City of Carlsbad
–Prominently posted in the Taxicab
•Rules and Regulations, 5.20.130, updated
-Provides enforcement guidelines
•5.20.140, simplifies requirements
4
Requirements
•Owner identification
•Taxicab operator’s certificate of insurance
•Registration card for each vehicle
•Copy of Taximeter certificate
•Copy of vehicle inspection form
•Distinctive name or insignia
5
County of San Diego Procedure
•Metropolitan Development Transit Board
•Ordinance 11, Section 2.0
–Types of service
–Rates of fares
–Equipment and Specifications
–Operating regulations
–Driver Safety Requirements
6
San Diego Sheriff, Licensing
•Confirmation of following
–Valid driver’s license
–Driver’s Qualification Examination
–Safety Certificate
–Substance abuse test
–Signed application
–Employment authorization (if needed)
7
San Diego Sheriff, Licensing
•Issuance of a Taxicab Operator’s License
•Issuance of a Taxicab Driver’s Identification
•County Vehicle Inspection Form
•County of San Diego, Weights and Measures
–Taxi Meter / Odometer Inspection Report
8
Carlsbad Licensing Process
•Application with Finance for business license
•Inspection of County issued documents
•Liaison with Sheriff Licensing Division
•Return back to Finance for issuance of license
9
Questions?
10