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(A) No vested right or property interest of any type is acquired by a taxicab permit or taxicab driver's permit issued to any person under this chapter.
(B) All taxicab permits and taxicab driver's permits are revocable and subject to suspension in accordance with the provisions of this chapter, and are to be exercised only in conformance with the regulations provided in this chapter.
(C) A permittee shall not permit any right or privilege granted by his or her permit to be exercised by another, nor shall his or her permit or any interest therein or any right or privilege there under be sold, transferred, leased, assigned or otherwise disposed of except as provided in this chapter. A transfer in violation of this subsection shall be grounds for revocation or suspension of the permit. Upon the death of any taxicab permittee, the permit may be exercised by the executor or administrator of the deceased permittee's estate during the period of estate administration. The period shall not exceed one year from the permittee's death.
(1) A deceased permittee's surviving heir(s) who inherits the permittee’s entire taxicab company may reapply for taxicab permits in an amount equal to the permits possessed by the deceased permittee.
(2) A permittee may sell his/her taxicab company, or one or more taxicabs, to another current permittee without invoking any minimum permit regulations in force at that time. The permittee purchasing the taxicabs may then apply for taxicab permits for all the taxicabs for which the selling company possessed permits. Any permittee purchasing such taxicabs who is otherwise not required to operate under a radio-dispatched system shall be required to so operate as a result of such purchase.
(D) The renewal fee for each taxicab permit shall be the annual amount designated in the Master Fee Resolution. If any permit is not exercised, the fee shall not be refunded. The fee required is a permit fee and shall not be deemed to be in lieu of a business license tax as required by the provisions of this code. Prior to the payment of the annual permit renewal fee for a taxicab permit the permittee must submit a valid State of California vehicle registration card.
(E) A permittee who has a taxicab permit but does not exercise this permit due to the taxicab vehicle being out-of-service, wrecked, unavailable for service, or without liability insurance, for a period of 180 days shall automatically forfeit that permit, except for those vehicles mentioned in subsection (H) of this section.
(F) Taxicab driver's permits are annual permits which expire on the following June 30, provided, that whenever a taxicab driver's permit has been applied for and issued within a period of 60 days before June 30, it shall be valid when issued and may be issued for the next ensuing year. Application for renewal must be received by the City Administrator or his or her designee before expiration of the permit and will require a records update from the Police Department and will, if permittee has been arrested within the past 12 months, require the permittee to be fingerprinted. The City Administrator or his or her designee shall determine whether the permittee possesses a valid California Class "B" driver's license or a Class "C" license with the required medical examination.
(G) The renewal fee for a taxicab driver's permit shall be the annual amount designated in the Master Fee Resolution. If any permit is not exercised, the fee shall not be refunded.
(H) Each taxicab permit holder may have one additional vehicle, which must be permitted, insured, and otherwise ready for use, for every three permits he or she holds.
('61 Code, § 4-5.08) (Ord. 145 N.S., passed - - ; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
A taxicab permittee shall, and by acceptance of his or her permit does, agree to indemnify, defend and hold the city free and harmless from any and all claims, costs, liability, damages or expenses, including costs of suit and fees, including attorneys' fees, on account of any damages arising out of the taxicab permittee's operation of a taxicab business under the permit, except for that liability caused by the sole negligence of the city.
(Ord. 801 C.S., passed 9-6-06)
(A) It shall be unlawful to operate any taxicab unless there shall be filed and deposited with the City Clerk a current and valid certificate of insurance executed and delivered by a company authorized to carry on an insurance business in the state, the financial responsibility of which company shall be evidenced by an A.M. Best Rating of at least A:VII. The certificate of insurance shall identify coverage in force for the following minimum amounts:
(1) General liability coverage in the following minimum amounts:
(a) $1,000,000 limit for each occurrence;
(b) $1,000,000 limit for personal injury;
(c) $1,000,000 general aggregate limit;
(d) $5,000 medical expense limit for any one person;
(e) $100,000 limit for damage to rented premises.
(2) Automobile liability with a combined single limit of $1,000,000 for each accident; and
(3) Workers' compensation and employer liability as required by the State of California. The city may require at its option, a copy of all policies and endorsements of required insurance in addition to certificates of insurance.
(B) Certificates of insurance shall contain a provision against cancellation except upon 30 day(s) prior written notice thereof to the city.
(C) Any deductibles or self insured retentions must be declared to and approved by the city. Approval will not be unduly withheld if the operator is able to provide evidence of sufficient financial means that would allow meeting the deductible or self insured retention.
(D) The insurance policies are to be endorsed to contain the provisions noted below and such endorsements are to be identified on the certificate(s) of coverage (and/or policies and endorsements) that are to be provided to the city by the operator with any mandatory endorsements.
(E) Endorsements. The city, its officers, officials, employees, and volunteers are to be covered as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the operator.
('61 Code, § 4-5.06) (Ord. 145 N.S., passed - - ; Am. Ord. 192 C.S., passed 10-18-72 ; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06)
Subject to the general control of the City Administrator, the regulation of taxicab permits shall be within the power and duties of the City Administrator or his or her designee. The City Administrator or his or her designee shall immediately inform the Police Chief, or his or her designee, of the suspension or revocation of taxicab permits or taxicab driver's permits for any reason.
(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
(A) The City Administrator or his or her designee is hereby empowered to make rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provisions and purposes of this chapter. The rules and regulations may include, but are not limited to, a system of identification and numbering of taxicabs and drivers.
(B) Any violation of such rules and regulations shall be grounds for denial, suspension or revocation of a taxicab permit, or taxicab driver's permit.
(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
Each taxicab and other equipment used by a taxicab permittee shall be maintained and used strictly in conformance with the following:
(A) Taximeter. Every taxicab shall be equipped with an accurate taximeter. It shall be unlawful to tamper with any taximeter or other measuring instrument used for the purpose of gauging or indicating distance traveled, or waiting time, or for the purpose of fixing rates to be collected from the public, or the lead tags or seal thereof.
(1) Every taximeter or other measuring instrument used for the purpose of gauging or indicating distance traveled, or waiting time, or for the purpose of computing fares to be collected from the public shall be of a type inspected and approved, and subject to inspection, at all times, by the County Bureau of Weights and Measures.
(2) The taximeter shall be so placed in the taxicab that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab, unless such taximeter is equipped and operated as a receipt-printing taximeter.
(3) The driver of a taxicab shall not throw the flag of the taximeter in a recording position when such taxicab is not actually employed. The driver of a taxicab shall throw the flag of such taximeter to the non-recording position at the termination of each service.
(4) The driver of a taxicab while carrying passengers or under employment, except on an hourly basis or contract basis, shall not display the flag affixed to such taximeter in such position as to denote that he or she is employed at a rate of fare different from that to which he or she is entitled.
(5) A taxicab having a broken lead tag and/or lead wire, an out-of-date seal or a notification from the County Bureau of Weights and Measures that the meter of that taxicab is red flagged" shall have its permit suspended for so long as the condition existing beginning one work day after the taxicab permittee is notified by the City or County Bureau of Weights and Measures that the condition exists. A taxicab permit shall be suspended for ten days if the above condition occurs three times in any six month period for that taxicab. Such suspension may be appealed using the procedure described in Chapter 9, § 1-9.10.
(B) Color. Each taxicab of any permittee shall be of a distinctive uniform color scheme, and no vehicle covered by the terms of this chapter shall be operated whose color scheme, identifying design, monogram, or insignia to be used herein shall, in the opinion of the City Administrator or his or her designee, conflict with or imitate any color scheme, design, monogram or insignia used on or in a vehicle or vehicles operating under another taxicab permit of the city, or pursuant to any other law or statute, in such manner as to be misleading or intended to deceive or defraud the public. Taxicabs may bear an advertising sign, space, or placard on the rear thereof, which shall not be of a size so as to interfere with the vision of the driver or a view of the license plate, name, or permittee, or number of taxicab.
(C) Display of names, rates and service status.
(1) Rate structure. The rate structure must include the distance for which the initial flag drop pays, the rate per mile thereafter and the charge per minute of waiting time, if any. Unit rates smaller or larger than one minute may also be included.
(2) Exterior signs. There shall be on the outside of each taxicab, signs, cards or plates, of a durable or permanent nature, showing the permittee's taxicab business name, taxicab permit number, current telephone number and rate structure. The taxicab business name and telephone number shall be displayed prominently on both sides of the taxicab. The taxicab's rate structure shall be displayed on both sides of the taxicab in the manner prescribed in the City Administrator or his or her designee's rules and regulations.
(3) Interior signs. There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a sign or card of heavy material not less than four inches by eight inches in size, securely attached, providing the following information in letters and numbers as large as the size of the sign will allow: the name of the taxicab permittee and any fictitious name under which the taxicab operates, the current business address and telephone number of the permittee, a correct schedule of the rates to be charged for conveyance in the taxicab, and the name, address and telephone number of the agency issuing the taxicab permit, i.e., the City Administrator or his or her designee of the City of Madera.
(4) Any taxicab which is not available for fares, such as an off-duty taxicab, a taxicab being driven by a non-permitted driver, or having had the permit suspended, must display in both side rear windows signs which state, "Out of Service." The letters of the sign shall not be less than one inch high nor less than one-quarter inch wide.
(D) Prior to the issuance of any new taxicab permit and at the discretion of the City Administrator or his or her designee and at least once a year, the owner shall present to the City Administrator or his or her designee an inspection report by a qualified automotive repair facility, which must be a certified inspection facility by the Bureau of Automotive Repair, certifying that an inspection involving the mileage, engine, gears, transmission, brake system, lighting system, exhaust and air pollution control system, tires and wheels has taken place and the automobile complies with all federal and state safety requirements along with any other items specified by the City Administrator or his or her designee. Throughout the duration of a permit all taxicabs shall be maintained in a clean and mechanically safe condition.
(E) Seats, upholstery and rugs must be kept in good repair and must not be torn or ripped. Seat springs must not be broken or protrude through the upholstery. Seats shall be firm and comfortable and the tension of the seat springs shall be evenly distributed. All taxicab vehicles must have seatbelts in all seating positions where passengers may ride. These seatbelts must be in working order and available and observable for use by passengers at all times.
(F) All taxicab vehicle tires must comply with the requirements set forth in the California Vehicle Code.
(G) All taxicab vehicles shall at all times have a functional spare tire and a working jack and wrench to replace a flat tire.
(H) Only objects required by law or approved by the City Administrator or his or her designee may be placed on taxicab vehicle windows in conformance with Cal. Veh. Code § 26078. Nothing shall be placed on any portion of the taxicab vehicle which blocks the driver's vision. All windows and the windshield shall be kept clean and clear.
(I) All interior and exterior lights must function properly and all lenses of same are to be reasonably intact.
(J) The taxicab vehicle shall have a rear-view mirror and a side-view mirror on the drivers side.
(K) The taxicab vehicle speedometer and odometer shall be in good working order.
(L) The taxicab vehicle horn shall be in good working order.
(M) The taxicab vehicle heater and air conditioner shall be in good working order.
(N) The taxicab vehicle shall be structurally sound and operate with a minimum of vibration and noise.
(O) The exterior of the taxicab vehicle, including the paint, shall be kept in good condition.
(P) The taxicab vehicle door hinges, locks and latches must be in good mechanical order, and all doors shall operate easily and close securely from either the outside or inside of the taxicab vehicle.
(Q) The taxicab vehicle wheels must have hubcaps attached, unless the wheels are of custom design, or otherwise of an appearance that hubcaps are not necessarily for a satisfactory appearance.
(R) The taxicab bumpers and body moldings must be in good condition and properly attached as installed by the manufacturer.
(S) The taxicab vehicle shock absorbers and springs must be in good working order.
(T) The taxicab windshield wipers shall be operable and the blades in good condition.
(U) The taxicab vehicle suspension, steering, brakes, emergency brakes and exhaust system must be in good condition.
(V) The taxicab vehicle dashboard and rear shelf shall not have any loose items lying about.
(W) The taxicab vehicle trunk and/or baggage area shall be kept clean, free of items or materials that could damage or stain passengers' baggage, and free of any containers containing flammable liquids.
(X) All numbers and letters painted on or attached to the sides, front, or rear of the taxicab vehicle as required by this chapter shall be the same color and in good contrast to the distinctive color scheme.
(Y) All taxicab vehicles must have at least three passenger doors.
(Z) The driver of a taxicab vehicle shall at all times when operating the taxicab vehicle display the permit card supplied by the taxicab operator as set forth in this chapter.
Taxicabs not maintained in a clean and mechanically safe condition shall be subject to revocation of that taxicab's permit.
(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
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