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Madera, CA Code of Ordinances
CITY OF MADERA, CALIFORNIA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE II: ADMINISTRATION
TITLE III: PUBLIC SAFETY
TITLE IV: PUBLIC WELFARE
TITLE V: SANITATION AND HEALTH
TITLE VI: BUSINESSES, PROFESSIONS, AND TRADES
TITLE VII: PUBLIC WORKS
TITLE VIII: FINANCE, REVENUE, AND TAXATION
TITLE IX: BUILDING REGULATIONS
TITLE X: PLANNING AND ZONING
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 4-5.12 CONTROL; CITY OFFICERS.
   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)
§ 4-5.13 RULES AND REGULATIONS.
   (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)
§ 4-5.14 EQUIPMENT AND CONDITION OF TAXICABS.
   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)
§ 4-5.15 VISUAL INSPECTION BY CODE ENFORCEMENT OFFICER.
   At a time specified by the City Administrator or his or her designee, each taxicab shall be inspected by the City Administrator or his or her designee to ascertain compliance with the requirements of this chapter. If such inspection reveals a significant safety hazard, the permit shall be automatically suspended, and the taxicab shall immediately be ordered out of service. Prior to being placed back in service, the taxicab shall be re-inspected to determine that the deficiency has been corrected. An inspection fee for a rescheduled inspection or a re-inspection will be charged as designated in the Master Fee Schedule.
(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
§ 4-5.16 SIGNIFICANT SAFETY HAZARD.
   (A)   The existence of a significant safety hazard shall be grounds for the automatic suspension of a taxicab permit by the City Administrator or his or her designee. The taxicab shall immediately be ordered out of service. Prior to being placed back in service, the permittee shall submit to the City Administrator or his or her designee verification from a qualified mechanic approved by the City Administrator or his or her designee that the deficiency has been corrected.
   (B)   For the purposes of this chapter, a significant safety hazard shall be deemed to include, but not be limited to, the following:
      (1)   For excessive leakage of oil, grease or any other substance from any part of the taxicab, including leakage into the taxicab.
      (2)   Existence of any defects in the frame of the taxicab.
      (3)   Failure to maintain any movable parts of the taxicab, including doors, windows, handles, hood, trunk and lights, in good operating condition.
      (4)   Failure to maintain the tires, horn, exterior lights, turning signals or brakes in good operating condition.
      (5)   Failure to maintain the motor, steering, and other mechanical parts of the taxicab in good operating condition.
      (6)   Failure to have an adequate exhaust system, properly installed and in good operating condition.
      (7)   Presence within the interior of the taxicab of any hard or sharp protrusion not necessary for the operation of the taxicab, or the presence of any large or heavy item which is not securely anchored to prevent movement in case of a sudden stop or collision.
      (8)   Obstructions of the windshield, or the side or rear windows.
(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
§ 4-5.17 RULES FOR TAXICAB DRIVERS.
   Taxicab drivers shall be familiar with and obey the following rules:
   (A)   Taxicab drivers shall not park their taxicab on any public street in the Central Business District, except where a driver is answering a call or parked at an authorized parking area or zone.
   (B)   Taxicab drivers shall, upon request, give any passenger making payment a receipt for the amount of the fare charged.
   (C)   Each taxicab driver shall wear a nametag having the driver's first name, driver number, and current picture attached to the driver's breast pocket or other readily visible location at all times while the driver is operating a taxicab for hire. The driver's permit shall be readily available at all times for inspection by the City Administrator or his or her designee or a Police Officer, while the driver is operating a taxicab.
   (D)   Taxicab operators, managers, or drivers shall not drive, or permit to be driven, a taxicab vehicle with an unclean interior.
   (E)   Every taxicab operator and driver placing in service, driving, or causing to be driven, any taxicab vehicle in the City of Madera shall be responsible for the thorough washing of each taxicab vehicle operated or driven by them at least once a week, and shall also carefully sweep and clean each taxicab vehicle and trunk compartment at the completion of each shift of operation: and whenever required in writing by the Department of Public Health of the County of Madera every taxicab operator and driver operating or causing to be operated a taxicab vehicle within the city limits shall be responsible for immediately disinfecting each taxicab vehicle so operated or driven by them by spraying them with a disinfectant.
   (F)   Taxicab drivers shall not consume or be under the influence of any alcohol, controlled substance, or prescribed or non-prescribed drug which affects their driving, while operating a taxicab vehicle.
   (G)   Taxicab drivers shall comply with all the reasonable requests of a passenger, including but not limited to the giving of their name, permit number, the taxicab permit number, and informing the passenger of the complaint form available in the Neighborhood Revitalization Department.
   (H)   Taxicab drivers shall not threaten, harass or abuse any passenger or use or attempt to use any physical force against a passenger except in self-defense or in the defense of another.
   (I)   Taxicab drivers shall not refuse to transport a passenger's luggage, wheelchair, crutches, or other similar property or a guide dog or other orderly pet.
   (J)   Taxicab drivers shall, if requested, assist a handicapped, disabled or elderly person to, into and out of the taxicab vehicle if within the physical capacity of the driver.
   (K)   Upon request of a passenger, taxicab drivers shall load or unload luggage in or from the taxicab vehicle's interior or trunk compartment if within the physical capacity of the driver.
   (L)   Taxicab drivers shall not smoke, drink or eat while a passenger is in the taxicab vehicle.
   (M)   Taxicab drivers shall not operate any radio, except the radio dispatch system, or any radio or tape player while a passenger is in the taxicab vehicle unless the passenger so requests.
   (N)   Taxicab drivers shall be neatly attired and shall not wear short pants; ragged, torn, or dirty clothing of any type; unsightly or unsafe footwear; any clothing with offensive or obscene words, statements or phrases; T-shirts (unless covered by an overshirt or designated as part of a uniform by the driver's employer): or any other clothing inappropriate to the conduct of business. Violations of this section shall be grounds for revocation of permittee's taxi driver permit.
(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
§ 4-5.18 OPERATING RULES.
   All taxicabs shall be used strictly in conformance with the following rules:
   (A)   Carrying of additional passengers. When a taxicab is engaged, the occupant shall have the exclusive right to the full use of the passenger compartment, and the owner or driver of such taxicab shall not solicit or carry additional passengers without the consent of the occupant.
   (B)   Calls to be answered as received. The driver of any taxicab shall answer all calls received in the order of their receipt.
   (C)   Limitation on number of passengers. No driver of any taxicab shall transport any larger number of passengers than the rated seating capacity of his or her taxicab.
   (D)   Circuitous routes. Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination.
   (E)   Radio dispatch. All new taxicab permittees shall operate under a radio dispatch system.
(Ord. 801 C.S., passed 9-6-06)
§ 4-5.19 RATES OF FARE.
   (A)   The rates of fare to be charged to the public for use of taxicabs shall be the same for all taxicabs operated by the permittee, and shall be based upon time and distance traveled.
   (B)   The Council, by resolution, may establish rates for mileage, drop charges, and waiting time applicable to all taxicabs. This rate shall increase due to changes in the Consumer Price Index.
(Ord. 801 C.S., passed 9-6-06)
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