HomeMy WebLinkAbout2018-11-13; City Council; ; Amend Carlsbad Municipal Code Chapter 5.20 Taxicabs(i) S~~fi R~port
Meeting Date:
To:
From:
Staff Contact:
Subject:
November 13, 2018
Mayor and City Council
Scott Chadwick, City Manager
Walter C. Chung, Assistant City Attorney
walter.chung@carlsbadca.gov or 760-434-2891
Mickey Williams, Police Captain
mickey.williams@carlsbadca.gov or 760-931-2100
Amend Carlsbad Municipal Code Chapter 5.20 Taxicabs
Recommended Action
CA Review t.,JC.
Introduce an Ordinance amending Carlsbad Municipal Code Chapter 5.20 Taxicabs.
Executive Summary
Recent changes in state law require a review and revision to the city's taxicab business license
ordinance contained in Carlsbad Municipal Code Chapter 5.20. The intent of these changes is
to eliminate the patchwork of taxicab business licensing from city to city. This will allow taxicab
companies to better compete against online transportation companies who are regulated not
by individual cities or counties, but, by the Public Utilities Commission. These changes are
being brought to the City Council for consideration as only the City Council can adopt changes
to the city's Municipal Code.
Discussion
The city currently issues business licenses to all taxicab companies and taxicab drivers who
operate within the city pursuant to Carlsbad Municipal Code chapter 5.20.
Currently, the city has five taxicab businesses licensed with a total of 55 decals issued. A decal
is issued for every taxicab vehicle that is licensed to operate in the city. It should be noted that
one company currently has 49 decals issued to it by the City. The remaining four taxicab
companies licensed in the city each have one or two decals issued.
Assembly Bill 1069 was approved by the Governor on October 13, 2017. Assembly Bill 939 was
approved by the Governor on September 18, 2018. The Bills provide that effective January 1,
2019, the city is prohibited from regulating taxicab licensing of businesses not "substantially
located" within the city. The city is required to provide taxicab licensing for businesses which
are "substantially located" in the city.
The term "substantially located" is defined as either, the primary business address is located
within the city, or, the largest share of the total number of trips during the previous calendar
year originated in the city. The bills require that effective January 1, 2018, taxicab businesses
November 13, 2018 Item #4 Page 1 of 24
maintain records regarding the origination location of trips so that the statistics may be used to
determine where taxicab businesses are "substantially located."
Currently, the city has one taxicab business "substantially located" in the city with one decal
issued.
Effective January 1, 2019, instead of a taxicab company having to get a license/decal from every
city in the county it operates in, a taxicab business may operate in any city within a county
provided the company has a valid business license from the county, or from any city within the
county.
Staff intends to continue to utilize the current procedures for issuing taxicab business licenses
specified in Carlsbad Municipal Code chapter 5.20. However, AB 939 requires the City to pass
an ordinance or resolution codifying into the City's municipal code the changes mandated by AB
939. AB 939 requires these changes to become effective on January 1, 2019.
Fiscal Analysis
Staff anticipates that the requests for taxicab business licenses will be reduced. The reduction
in license requests will result in a reduction of fees collected from the licensing activity. The
city charges $25 per taxicab decal issued. This reduction in fees collected will be offset by the
reduced need to process taxicab business licenses.
Next Steps
Following introduction of the Ordinance, the City Clerk will prepare the Ordinance for adoption
at the next Regular Council Meeting. Once adopted, the City Clerk will publish the Ordinance or
a Summary of the Ordinance in a newspaper of general circulation within 15 days. The
ordinance will be effective 30 days following the adoption.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Ordinance
2. Redline of Chapter 5.20
November 13, 2018 Item #4 Page 2 of 24
ORDINANCE NO. CS-343
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 5.20 OF THE CARLSBAD MUNICIPAL
CODE RELATED TO TAXICABS IN ORDER TO COMPLY WITH NEW STATE
REGULATIONS
Exhibit 1
WHEREAS, the Governor of the State of California recently approved Assembly Bill 1069 and
Assembly Bill 939 regarding local government taxicab transportation services; and
WHEREAS, the City Council of the City of Carlsbad wishes to amend the portions of the Carlsbad
Municipal Code regarding taxicabs to comply with the recent changes to state law; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. Carlsbad Municipal Code Chapter 5.20 is amended to read as follows:
Sections:
5.20.010
5.20.015
5.20.020
5.20.030
5.20.040
5.20.050
5.20.060
5.20.070
5.20.075
5.20.080
5.20.090
5.20.095
5.20.100
5.20.110
5.20.120
5.20.130
5.20.140
5.20.150
5.20.160
5.20.170
5.20.180
Definitions.
Permit requirements.
Business license.
Chapter 5.20
TAXICABS
Application information and fee.
Investigation and issuance of a City of Carlsbad business license and City of
Carlsbad decal.
Grounds for denying a taxicab operator a City of Carlsbad business license
and/or taxicab permit.
City of Carlsbad business license for taxicab operator-Expiration and renewal.
Notice of suspension, revocation, or denial and appeal rights and procedures.
Emergency suspension.
Insurance requirements.
Suspension or revocation of a City of Carlsbad business license for taxicab
operator.
Suspension or revocation of taxicab drivers permit.
Permission to make changes in the mode of operation.
Taxicab stands.
Taxicab fares.
Rules and regulations of operation.
Condition of taxicabs.
Taxicab driver licensing requirements.
Taxicab numbers and information posted inside of a taxicab.
Transferability of a business license.
Violations.
November 13, 2018 Item #4 Page 3 of 24
5.20.01 O 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:
"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.
"Chief of Police" shall mean the Chief of the Carlsbad Police Department, or his/her duly authorized
agents and representatives.
"City" means the City of Carlsbad.
"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.
"County" means the County of San Diego and includes the San Diego County Sheriff Department.
"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.
"Passenger" shall mean every occupant other than the driver of a taxicab.
"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.
"Primary business address" means the location where the taxicab operator, his/her employees,
contractors and/or agents are physically located and conduct the majority of their taxicab business.
"Substantially located" shall mean in reference to a city or county that the taxicab company meets either
of the following:
1. Has its primary business address within that city's or county's jurisdiction
2. The total number of prearranged and non-prearranged trips that originate within that city's or
county's jurisdiction account for the largest share of the taxicab cab company's total number
of trips over the previous calendar year, as determined annually.
3. A taxicab company that initiates taxi operations after January 1, 2019, in reference to a city
or county in which that company had operated before January 1, 2019, the following:
a. In the first year of its operation, the jurisdiction where that taxicab company has its
primary business address.
b. After the first year of operation, it meets either of the following: the test described in 1)
or 2).
''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.
''Taxicab driver" means any person or individual who drives or is in actual physical control of a taxicab.
"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.
November 13, 2018 Item #4 Page 4 of 24
1. The larger identification card is approximately eight inches long by five and one-fourth inches
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.
2. The smaller identification card is approximately three and one-fourth inches long by two
inches high and shall be worn by the taxicab driver, at all time while operating the taxicab in
the city.
''Taxicab operator'' means the person, business, partnership, association, firm or corporation which is
engaged in the taxicab business.
"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.
"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 the taxicab 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.
"Taximeter" means any type of taximeter, device or technology approved by the Division of
Measurement Standards to calculate fares, including the use of Global Positioning System
metering, provided that the device or technology complies with Section 12500.5 of the Business
and Professions Code and with all regulations established pursuant to Section 12107 of the
Business and Professions Code.
"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.
5.20.015 Permit requirements.
A. No owner of a taxicab business that is substantially located in the city shall operate or permit the
operation of a taxicab as a vehicle for hire on the streets of the city without having obtained from
the city a taxicab permit pursuant to the provisions of this chapter.
B. A taxicab company substantially located and permitted by another city within the County of San
Diego or by the County of San Diego may operate in the city on a prearranged basis only. That
taxicab company may pick up trips originating through online enabled application, phone dispatch,
or Internet website.
C. It shall be unlawful to operate a taxicab without a valid permit to operate issued by each city or
county in which a taxicab company is substantially located. The minimum fine for operating without
a permit from the city or county in which a taxicab company is substantially located shall be five
hundred dollars ($500).
5.20.020 Business license.
No taxicab owner or operator substantially located in the City of Carlsbad 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.
November 13, 2018 Item #4 Page 5 of 24
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, at a minimum, the following:
A 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 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.
4. Data verifying that the taxicab company is substantially located within the City of Carlsbad;
said data shall include the addresses and the trip data showing that the total number of
prearranged and non-prearranged trips that originated within the City of Carlsbad account for
the largest share of the taxicab company's total number of trips over the previous calendar
year.
B. 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 Section 5.20.080.
5.20.040 Investigation and issuance of a 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 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.
Upon the 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 Grounds for denying a taxicab operator a City of Carlsbad business license and/or
taxicab permit.
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
November 13, 2018 Item #4 Page 6 of 24
Diego County Code of Regulatory Ordinances the taxicab operator applicant will not be issued a City
of Carlsbad business license or taxicab permit for operating a taxicab business in the City of Carlsbad.
The chief of police or designee shall notify the taxicab operator applicant 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 and taxicab permit issued pursuant to this
chapter shall expire one year from the date it they are issued unless said license and/or permit, by their
terms, provides for a different expiration date. A City of Carlsbad business license for taxicab operator
and taxicab permit 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 application for renewal shall
contain the same information required in section 5.20.030. The finance department shall forward the
complete renewal application to the police department for review and compliance with Section 5.20.040.
The chief of police and/or finance department may deny renewal on the following grounds:
A. Any of the grounds for denying a new City of Carlsbad business license for taxicab operator; or
B. 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
C. 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.
A. 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.
B. If the City of Carlsbad suspends, revokes or denies a new or renewal taxicab operator's business
license, taxicab permit and/or taxicab driver's permit then the taxicab operator applicant shall utilize
the following appeal process:
1. The taxicab operator applicant must request an appeal hearing before the city manager. 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, taxicab permit and/or taxicab driver's permit. 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 city manager 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 city manager or designee as to why the business license, taxicab permit and/or taxicab
driver's permit 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,
unless the 10 business day time period is waived in writing by the parties.
3. The decision of the city manager shall be final.
November 13, 2018 Item #4 Page 7 of 24
4. Upon a written decision of the city manager which suspends or revokes a taxicab license or
taxicab permit, the holder of the taxicab license or taxicab permit shall surrender the license
and/or permit to the chief of police immediately after service of the notice of the decision.
5.20.075 Emergency suspension.
A. The chief of police may issue an order suspending a taxicab license or a taxicab driver's permit for
a period not exceeding ten (10) days without having conducted a hearing therefor, if the chief of
police determines that the continued use of the license or permit will cause immediate hazard to
the public safety, health or welfare.
B. Within ten(10) days of the effective date of the order, the chief of police shall hold a hearing for the
owner or driver to show cause why the license or permit should not be suspended or revoked.
C. The order issued by the chief of police under subsection A of this section shall also contain a notice
of the hearing setting forth the date, time and place of the hearing.
5.20.080 Insurance requirements.
A. 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 not less than one million dollars per occurrence, combined single
limit for bodily injury and property damage.
B. 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 of the policy. 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 vehicle(s) insured;
6. The effective dates of the certificate; and
7. 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
and/or taxicab permit 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 and/or taxicab permit may be suspended or revoked for any of the
following reasons:
A. Charging or demanding a passenger pay a fare exceeding the posted rate.
B Driving or controlling the movements of a taxicab without a valid taxicab driver identification card
in the taxicab.
C. Allowing a person to drive or control the movements of a taxicab without a valid taxicab driver
identification card.
D. Operating or allowing another person to operate a taxicab without the insurance coverage required
by this chapter.
E. Operating or allowing another person to operate a taxicab that has not been issued a valid taxicab
operator license by the county.
November 13, 2018 Item #4 Page 8 of 24
F. Operating a taxicab without a current taximeter certificate or without the taximeter certificate in the
vehicle.
G. Violating any other provision of federal, state or local law; minor traffic infractions excluded.
H. Failure of the owner to pay when due any applicable taxes imposed by the city.
I. Any activity that impairs the safety of passengers.
J. Any act or omission of the applicant of any fact or condition which, if it existed at the time the
application for a license and/or permit was filed, would have warranted the denial of the application.
5.02.095 Suspension or revocation of taxicab drivers permit.
The chief of police, or the city manager on appeal, shall have the power to suspend or revoke a taxicab
driver's permit issued under this chapter, on any of the following 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 Department of Motor
Vehicles of the State of California to operate a motor vehicle on the public highways of the State
of California.
B. The violation by the driver of any of the terms, conditions or requirements of the taxicab driver's
permit or 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 was filed, would have warranted the denial 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 public transportation vehicle, within thirty (30)
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. Failure of the driver to pay when due any applicable taxes imposed by the city.
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.
A. 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, if applicable.
B. 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.
November 13, 2018 Item #4 Page 9 of 24
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.
A. 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 or her destination safely and expeditiously.
B. 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 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.
C. No person shall solicit passengers for taxicabs other than the taxicab driver. The taxicab driver,
however, may not leave the taxicab to solicit passengers.
D. 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.
E. A taxicab must be legally parked and the taxicab driver must remain within 12 feet of his or her
taxicab unless the taxicab driver is assisting passengers with loading and/or unloading of persons
or luggage.
F. 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 or she does not represent the taxicab
company the person summoned.
G. No taxicab driver, who has been hired by a passenger, shall pick up any additional passenger
without the consent of the original passenger.
H. A taxicab driver shall not operate a taxicab unless he or she has affixed his or 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 or 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.
I. 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.
J. 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 by the taxicab operator who employs the
taxicab driver.
K. 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
November 13, 2018 Item #4 Page 10 of 24
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 or her 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."
L. 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.
M. 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.
N. 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 or her trip logs to the taxicab operator at least once a week.
0 . 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.
P. 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 Condition of taxicabs.
A. All taxicab companies shall maintain motor vehicles used in taxi transportation services in a safe
operating condition, and in compliance with the Vehicle Code, subject to annual inspection at a
facility that is certified by the National Institute for Automotive Service Excellence or a facility
registered with the Bureau of Automotive Repair. The inspection shall be completed prior to the
renewal of the taxicab permit. If the taxicab successfully completes the safety inspection, a taxicab
safety permit sticker shall be issued and shall be displayed in the taxicab rear window.
B. Taxicabs that are owner-operated vehicles will receive a taxicab safety permit sticker only if the
registered owner holds a valid taxi driver permit.
C. The registered owner of a taxicab, who is aware of or should have been aware of any unsafe
condition of the taxicab, shall not allow the taxicab to be used until necessary repairs are made.
D. Any taxicabs 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.
A. No person who wishes to operate a taxicab and is substantially located in Carlsbad shall operate
any taxicab in the City of Carlsbad unless the person has a valid driver's permit to do so as
hereinafter provided.
B. A taxicab driver substantially located in and permitted by another city within the County of San
Diego or the County of San Diego may operate in the City of Carlsbad. That driver may pick up
trips originating through online enabled application, phone dispatch, or Internet website.
November 13, 2018 Item #4 Page 11 of 24
C. Application for a taxicab driver's permit shall be made in writing to the city setting forth the following
minimum information:
1. The applicant's name, age address and past experience with regard to taxicab service;
2. The names, and addresses of the applicant's employers during the preceding three years;
3. The name of the taxicab operator the applicant has received an offer of employment from.
4. Such additional information as the chief of police may require.
D. A driver's permit issued by the City of Carlsbad shall immediately cease to be valid upon a driver's
termination from the employer applicant listed on his/her application for the driver's permit;
permittee shall immediately surrender the permit to the chief of police.
5.20.160 Taxicab numbers and information posted inside of a taxicab.
A 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.
B. 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 of a 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.
A Every person who violates any of the provisions of this chapter shall be guilty of an infraction or
misdemeanor punishable as provided in Section 1.08.01 O(B).
B. 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 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.
C. In addition to the remedies set forth in subsection B 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.
November 13, 2018 Item #4 Page 12 of 24
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 __ _
day of ___ ~ 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
November 13, 2018 Item #4 Page 13 of 24
Sections:
5.20.010
5.20.015
5.20.020
5.20.030
5.20.040
5.20.050
5.20.060
5.20.070
5.20.075
5.20.080
5.20.090
5.20.095
5.20.100
5.20.110
5.20.120
5.20.130
5.20.140
5.20.150
5.20.160
5.20.170
5.20.180
Definitions.
Permit requirements.
Business license.
Chapter 5.20
TAXICABS
Application information and fee.
Investigation and issuance of a City of Carlsbad business license and City
of Carlsbad decal.
Grounds for denying a taxicab operator a City of Carlsbad business license
and/or taxicab permit.
City of Carlsbad business license for taxicab operator-Expiration and
renewal.
Notice of suspension, revocation, or denial and appeal rights and
procedures.
Emergency suspension.
Insurance requirements.
Suspension or revocation of a City of Carlsbad business license for taxicab
operator.
Suspension or revocation of taxicab drivers permit.
Permission to make changes in the mode of operation.
Taxicab stands.
Taxicab fares.
Rules and regulations of operation.
Condition of taxicabs.
Taxicab driver licensing requirements.
Taxicab numbers and information posted inside of a taxicab.
Transferability of a business license.
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:
"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.
"Chief of Police" shall mean the Chief of the Carlsbad Police Department, or his/her duly
authorized agents and representatives .
"City" means the City of Carlsbad.
"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.
"County" means the County of San Diego and includes the San Diego County Sheriff Department.
Exhibit 2
November 13, 2018 Item #4 Page 14 of 24
"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.
"Passenger" shall mean every occupant other than the driver of a taxicab.
"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.
"Primary business address" means the location where the taxicab operator, his/her employees,
contractors and/or agents are physically located and conduct the majority of their taxicab
business.
"Substantially located" shall mean in reference to a city or county that the taxicab company meets
either of the following :
1. Has its primary business address within that city's or county's jurisdiction
2. The total number of prearranged and non-prearranged trips that originate within that
city's or county's jurisdiction account for the largest share of the taxicab cab company's
total number of trips over the previous calendar year, as determined annually.
3. A taxicab company that initiates taxi operations after January 1, 2019, in reference to a
city or county in which that company had operated before January 1, 2019, the
following:
a. In the first year of its operation, the jurisdiction where that taxicab company has its
primary business address.
b. After the first year of operation, it meets either of the following: the test described
in 1 or 2.
"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.
"Taxicab driver" means any person or individual who drives or is in actual physical control of a
taxicab.
"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.
1. The larger identification card is approximately eight inches long by five and one-fourth
inches 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.
2. The smaller identification card is approximately three and one-fourth inches long by two
inches high and shall be worn by the taxicab driver, at all time while operating the
taxicab in the city.
"Taxicab operator" means the person, business, partnership, association, firm or corporation
which is engaged in the taxicab business.
"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.
November 13, 2018 Item #4 Page 15 of 24
"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 the taxicab 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.
"Taximeter" means any type of taximeter, device or technology approved by the Division of
Measurement Standards to calculate fares, including the use of Global Positioning System
metering, provided that the device or technology complies with Section 12500.5 of the
Business and Professions Code and with all regulations established pursuant to Section
12107 of the Business and Professions Codethe device on the inside of a taxicab that is
calibrated to calculate the fare earned by the taxicab driver for transporting passengers.
"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.
5.20.015 Permit requirements.
A. No owner of a taxicab business that is substantially located in the city shall operate or permit
the operation of a taxicab as a vehicle for hire on the streets of the city without having obtained
from the city a taxicab permit pursuant to the provisions of this chapter.
B. A taxicab company substantially located and permitted by another city within the County of
San Diego or by the County of San Diego may operate in the city on a prearranged basis only.
That taxicab company may pick up trips originating through online enabled application, phone
dispatch, or Internet website.
C. It shall be un lawful to operate a taxicab without a valid permit to operate issued by each city
or county in which a taxicab company is substantially located. The minimum fine for operating
without a permit from the city or county in which a taxicab company is substantially located
shall be five hundred dollars ($500).
5.20.020 Business license.
No taxicab owner or operator substantially located in the City of Carlsbad 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, at a minimum, the following:
A. 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 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;
November 13, 2018 Item #4 Page 16 of 24
3. Taxicab operator's certificate of liability insurance for the taxicab.
4. Data verifying that the taxicab company is substantially located within the City of
Carlsbad; said data shall include the addresses and the trip data showing that the total
number of prearranged and non-prearranged trips that originated within the City of
Carlsbad account for the largest share of the taxicab company's total number of trips
over the previous calendar year.
B. 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 Section 5.20.080.
5.20.040 Investigation and issuance of a 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 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.
Upon the 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 Grounds for denying a taxicab operator a City of Carlsbad business license
and/or taxicab permit.
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 or taxicab permit for operating a taxicab
business in the City of Carlsbad.
The chief of police or designee shall notify the taxicab operator applicant within 30 days after the
applicant filed a complete application that the City of Carlsbad business license for taxicab
operator has been denied.
November 13, 2018 Item #4 Page 17 of 24
5.20.060 City of Carlsbad business license for taxicab operator-Expiration and
renewal.
A City of Carlsbad business license for taxicab operator and taxicab permit issued pursuant to
this chapter shall expire one year from the date it i-s-they are issued unless said license and/or
permit, by +tstheir terms, provides for a different expiration date. A City of Carlsbad business
license for taxicab operator and taxicab permit 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 application for renewal shall contain the same information required in section
5.20.030. The finance department shall forward the complete renewal application to the police
department for review and compliance with Section 5.20.040. The chief of police and/or-finance
department may deny renewal on the following grounds:
A Any of the grounds for denying a new City of Carlsbad business license for taxicab operator;
or
B. 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
C. 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.
A 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.
B. If the City of Carlsbad suspends, revokes or denies a new or renewal taxicab operator's
business license, taxicab permit and/or taxicab driver's permit then the taxicab operator
applicant shall utilize the following appeal process:
1. The taxicab operator applicant must request an appeal hearing before the chief of
~city manager. 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, taxicab permit and/or taxicab
driver's permit. 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 policecity manager 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 chiefcity manager or designee as to
why the business license, taxicab permit and/or taxicab driver's permit should be issued
or renewed. The police chiefcity manager 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. The decision of the city manager shall be final.
4. Upon a written decision of the city manager which suspends or revokes a taxicab
license or taxicab permit, the holder of the taxicab license or taxicab permit shall
November 13, 2018 Item #4 Page 18 of 24
surrender the license and/o r permit to the chief of police immediately after service of
the notice of the decision. 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 'Naiver 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 days, unless waived in
'Nriting by the parties. At this hearing, the taxicab operator applicant shall present
relevant evidence for consideration by the city manager or designee as to 1Nhy the
business license for taxicab operator should be issued or renewed . The city manager
or designee shall issue a ',Witten decision to the applicant within 10 business days
follmving the date of the hearing. The decision of the city manager or designee is final.
5.20.075 Emergency suspension.
A. The chief of police may issue an order suspending a taxicab license or a taxicab driver's
permit for a period not exceeding ten (10) days without having conducted a hearing therefor,
if the chief of police determines that the continued use of the license or permit will cause
immediate hazard to the public safety, health or welfare.
B. Within ten(10) days of the effective date of the order, the ch ief of police shall hold a hearing
for the owner or driver to show cause why the license or permit should not be suspended or
revoked .
C. The order issued by the chief of police under subsection A of this section shall also contain
a notice of the hearing setting forth the date, time and place of the hearing.
5.20.080 Insurance requirements.
A. 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 not less than one million dollars per
occurrence, combined single limit for bodily injury and property damage.
B. 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 of the policy. The certificate
shall also state:
1. Th_e 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 vehicle(s) insured;
6. The effective dates of the certificate; and .
7. The certificate issue date.
November 13, 2018 Item #4 Page 19 of 24
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
and/or taxicab permit 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 and/or taxicab permit may be suspended or revoked
for any of the following reasons:
A. Charging or demanding a passenger pay a fare exceeding the posted rate.
B Driving or controlling the movements of a taxicab without a valid taxicab driver identification
card in the taxicab.
C. Allowing a person to drive or control the movements of a taxicab without a valid taxicab driver
identification card .
D. Operating or allowing another person to operate a taxicab without the insurance coverage
required by this chapter.
· E. Operating or allowing another person to operate a taxicab that has not been issued a valid
taxicab operator license by the county.
F. Operating a taxicab without a current taximeter certificate or without the taximeter certificate
in the vehicle.
G. Violating any other provision of federal, state or local law; minor traffic infractions excluded.
H. Failure of the owner to pay when due any applicable taxes imposed by the city.
I. Any activity that impairs the safety of passengers.
J. Any act or omission of the applicant of any fact or condition which, if it existed at the time the
application for a license and/or permit was filed, would have warranted the denial of the
application.
5.02.095 Suspension or revocation of taxicab drivers permit.
The chief of police, or the city manager on appeal, shall have the power to suspend or revoke a
taxicab driver's permit issued under this chapter, on any of the following grounds stated in this
chapter or on any of the fo llowing grounds:
A. Suspension, revocation or expiration of the driver's privilege granted by the Department of
Motor Vehicles of the State of California to operate a motor vehicle on the public highways
of the State of California.
B. The violation by the driver of any of the terms, conditions or requirements of the taxicab
driver's permit or 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 was filed, would have warranted the denial 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 public transportation vehicle, within
thirty (30) 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. Failure of the driver to pay when due any applicable taxes imposed by the city.
November 13, 2018 Item #4 Page 20 of 24
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.
A. 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, if applicable.
B. 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.
A. 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 or her destination safely and
expeditiously.
B. 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 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.
C. No person shall solicit passengers for taxicabs other than the taxicab driver. The taxicab
driver, however, may not leave the taxicab to solicit passengers.
D. 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.
E. A taxicab must be legally parked and the taxicab driver must remain within 12 feet of his or
her taxicab unless the taxicab driver is assisting passengers with loading and/or unloading
of persons or luggage.
November 13, 2018 Item #4 Page 21 of 24
F. 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 or she does not represent
the taxicab company the person summoned.
G. No taxicab driver, who has been hired by a passenger, shall pick up any additional passenger
without the consent of the original passenger.
H. A taxicab driver shall not operate a taxicab unless he or she has affixed his or 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 or 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.
I. 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.
J. 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 by the taxicab operator who
employs the taxicab driver.
K. 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 or her 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."
L. 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.
M. 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.
N. 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 or her trip logs to the taxicab
operator at least once a week.
0. 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
November 13, 2018 Item #4 Page 22 of 24
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.
P. 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 Condition of taxicabs.
A. All taxicab companies shall maintain motor vehicles used in taxi transportation services in a
safe operating condition, and in compliance with the Vehicle Code, subject to annual
inspection at a facility that is certified by the National Institute for Automotive Service
Excellence or a facility registered with the Bureau of Automotive Repair. The inspection shall
be completed prior to the renewal of the taxicab permit. If the taxicab successfully completes
the safety inspection, a taxicab safety permit sticker shall be issued and shall be displayed
in the taxicab rear window.
B. Taxicabs that are owner-operated vehicles will receive a taxicab safety permit sticker only if
the registered owner holds a valid taxi driver permit.
C. The registered owner of a taxicab, who is aware of or should have been aware of any unsafe
condition of the taxicab, shall not allow the taxicab to be used until necessary repairs are
made.
Q,__A-UAny 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.
A. No person who wishes to operate a taxicab and is substantially located in Carlsbad shall
operate any taxicab in the City of Carlsbad unless the person has a valid driver's permit to
do so as hereinafter provided.
B. A taxicab driver substantially located in and permitted by another city within the County of
San Diego or the County of San Diego may operate in the City of Carlsbad. That driver may
pick up trips originating through online enabled application, phone dispatch, or Internet
website.
C. Application for a taxicab driver's permit shall be made in writing to the city setting forth the
following minimum information:
1. The applicant's name, age address and past experience with regard to taxicab service;
2. The names, and addresses of the applicant's employers during the preceding three
years;
3. The name of the taxicab operator the applicant has received an offer of employment
from.
4 . Such additional information as the chief of police may require.
D. A driver's permit issued by the City of Carlsbad shall immediately cease to be valid upon a
driver's termination from the employer applicant listed on his/her application for the driver's
permit; permittee shall immediately surrender the permit to the chief of police.
November 13, 2018 Item #4 Page 23 of 24
5.20.160 Taxicab numbers and information posted inside of a taxicab.
A. 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.
8 . 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 of a 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.
A. 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(8).
8. 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 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.
C. In addition to the remedies set forth in subsection 8 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.
November 13, 2018 Item #4 Page 24 of 24
Walter Chung, Assistant City Attorney
Mickey Williams, Police Captain
November 13, 2018
Amendment to Carlsbad Municipal Code
Section 5.20 Taxi Ordinance
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Recommendation
Introduce an Ordinance amending Carlsbad
Municipal Code Chapter 5.20 Taxicabs.
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Discussion
•Currently, all taxicab businesses and
operators are licensed by the city
•5 taxicab businesses/ 55 decals
•AB 1069 and AB 939 change licensing
requirements
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Discussion Cont.
•Only businesses ‘substantially located’ in city
must be licensed by city (only 1 currently)
•Taxicab business licensed anywhere in county
may operate within the city
•Intent is to eliminate the patchwork licensing
from city to city
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Recommendation
Introduce an Ordinance amending Carlsbad
Municipal Code Chapter 5.20 Taxicabs.
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