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Ord 0302-REGULATE THE RULES, RATES AND PRACTICES OF TAXICABS OPERATING IN THE TOWNRDINANCE NO AN ' ORDINANC E;' TO '' REGULAT E ' THE; RATES, RULES AND ,BRACT ICES? OF .TAXICABS TOWN .AN OF LOS 'GATOS PRESCRIBING TEPMSD CONDITIONS OPERATING 'WHICH SUCH. OPERATIONS M AY BE CONDUCTED, PROVIDIrJ'G PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND REPEALING CONFLICTING ORDINANCES.. ATE TOWN COUNCIL OF THE:"TOWN; OF LOS GATOS . FOLLOWS:'. SECTION 1. 'DEFINITIONS: DOES ORDAIN AS The following ' words and phrases when used in this ordinance have'the neanings as set out herein; (a) CALL BOX STAND means a place" alongside a 'street, or ese- Where where- the.Town Council has authorized aholder' of ;a certificate of public.Convenience and necessity to install a telephone or call box forthe taking of calls and the dispatching of taxicabs. (b) CERTIFICATE means a: certificate of, public: convenience and necessity issued by the Town Council, authorizing the holder.: thereof t.o conduct a taxic ab, business in the Town of Los Gatos. (c)' DRIVER'S LICENSE means the permission granted by the Chief f Police to a person:to drive a taxicab upon the streets of the 1 T oWn of Los Gatos.. (d). HOLDER means a person to wham a certificate of public convenience and necessity has ;been,, issued.. (e) OPEN STAND means a public place alongside the curb of a .street or .elsewhere, in the Town of Los Gatos which has been desig- na.ted by the Town Council as reserved exclusively for the use of 1 iOalps (f) ' PERSON ''includes an individual, a corporation or other legal entity, a Partnership, and any unincoraarated association. E CARDthears , ' (g) '� a card issued bsr the .'`: Town •C:�ounci�. Y for displa in each taxicab which contains the rates of fare then in force. s�, (h.) TAXICAAB means a motor vehicle regularly engaged 'in the business. o.f carrying pa.sseng:.ere f'or hire, having a> ,seating c.ap;acity' of less than seven. Dersons and not opera.ted on a fixed route. (i) AXIMETER means a :meter instrument or device: attached to a taxicab which measures mechanically the distance. drivea and the: waiting time uponwhich the fare is based (.1) ITAIT ING TIME means ` the time ' when .a taxicab is not in motion ;from the time of acceptance of a passenger or:,passengers to; the time of discharge, but does not include any time that the. taxi- cab is . not.in motion if 'due ;to any cause other than the request, act or fault of ,a passenger or passengers. (k) COUNCIL, , the Town Council of the Town of Los Gatos. (1) TOWN CLERK:, the Town Clerk:°o,f the Town of Los .Gatos.. HIEF OF POLICE, the Chief of Police of the .Town of Los Gatos SECTION: 2. CERTIFICATE OF PUBLIC CONVENIENCE AND: 'NECESSITY REQUIRED. . P :'taxicab :owned orcon- Into person shalloperate or ermit �' trclled.'by him to be oberated as a vehicle for hire upon the streets of:the Town of Los Gatos without having first, obtained' a <certificate of public convenience and necessity from the Town Council. SECTION 3. APPLICATION FOR CERTIFICATE: Arappliration:zor certificate together' -with „, 'a copy thereof:shall be filed with the Chief of Police upon forris,provided: by ,the. Town of 'Los Gatos, whOHshall transmit the original. application 'to the: Town Clerk, who.shall present. said application at the next r.egu-• lar meeting of the Town Council, and said..application ! shall be : veri- fied the following information. 1 a.ed under oath..and sshall furnish (a) The name, address, and citizenship of the applicant and ,of, all persons to be directly or indirectly interested in the certificate of public convenience. (b) The financial: status of the;,aopiicant, including the amounts of all unpaid judgments against the .applicant and the nature of .the .transaction or acts giving rise to, said,. judgments. (c) The experience of the applicant in the transportation of „passengers, and, whether or not an cert if z cage o'rot] permit, or other license has been revoked., and. if so., the,, circumstances, of such revocation: (a) Any facts which: the; applicant believes ..end t.o. prove that public. convenience :and, necessity, require the ranting a certificate. (e) ` The number':of vesicles to be operated or controlled. by the applicant and the location of roposed depot n pp ante proposed. s and terminals. (f) The color scheme orinsignia to be used to designate the vehicle;. or vehicles of ,the applica.no. g) t;'hether the' applicant has been convicte.. of` a felony, or the: violation of a narcotic law or of any penal law, involVininvolving moral turpitude. .. (h) Such further ;information as the, of Los: :Gatos may require SECTION 4. PUBLIC -HEARING. Upon the filing own Council of the Town anapp ication the Town. Council Council shall; fix a:'time and. pla;c.e for: a public hearing thereon, Notice; of .suc hearing shall be givento the applicant and to alb. persons`: to UThorn _• • certzf3:oat es off' ubile c:onven.ien:ce an p y nd .ne'cess have beet th+ereta . fore issued. Due notice Shall: also be• given th.e• general public. byy publication.: of a notice: of the:',.time and place: of :'such' hearing in a newspaper published in the, Town: of : Los Gatos at least `once` and at least : seven".:('?) days prior to said.:h:earirg :Any .interested. person may file with the Torn Council a memorandum in support, opposition to the issuance of a certificate. SECTION 5. , ISSUANCE OF CERTIFICATE. If the Town Council finds that further taxicab service in the Town of Los. Gatos is required b.y the .public convenience and necessity and that the :applicants fit, willing, and able to perform such public ', transportation and toconform to the provisions of this ordinance and the rules pro -- or mu,lgated by. -,the: Town Council', then the Town Council. shall ..issue a certificate stating the name and address o the 'applicant, t number' vehicles authorized, under said certificate ficate. and the ante of` issuance; otherwise,' the application shall. be. 'denied. In making the above findings, the Town :Council shall take into consideration the number of taxicabs already in opera- ion t t , rrrseth,er existing transportation is adequate to meet the public need; the probable effect of increased service ';on local, traffic conditions, end the character., exoe.rienc.e and: res.ponsi bility of t'he applicant. SECTION. 6. `LIABILITY ,INSURANCE: REQUIRED. o public� +Y hall !�: certificate of convenience and nec,essi� s be Issued. or continued in operation unless there ?i s .in full, force and effect a'. motor vehicle liability insurance policy or policies. from .,a:respon.sibie and solvent corporation, authorized to ssue such policies under the laws of the :atate of Ca.lifornia,..lnsuring said owner and covering such taxicab and also unless said owner shall file 'Tgi.th the Town Clerk the written certif icat.e or'.certifi- cates o:f such corporation; all as provided . in this Ordinance. SECTION 7. INSURANCE,.. POLICY Each motor vehicle liability insurance policy required under tie provisions .of this Ordinance, in addit .on to the; provisions,. required to be therein under the laws of the State of California, shall provide coverage under the National Standard Liability Form and shall also provide that: such policy covers any and:all taxi- cabs which may be driven or : opera.t ed by or for the herder insured under said policy and regardless .of :whether or na' any certificate or' permit has been granted 'said insured under the; provisions of this Ordinance; such Policy insures . the holder, as; defined.' in this -Ordinance,` : and any- other person driving, using or responsible for the use of any taxicab ':covered by said policy, With the consent, express or .implied, of saidloca4er and, also the Town'of Las Gatos, against loss from the. liability imposed on ,any of there, by Maw for injury to, or death; of, :'.any .person, or damage to property', arising from or growing: out of the maintenance, operation ..or ownership of any taxica` covered by the policy to the amount or lime t of $10, OOa 0 C eXclusive of interest ata •coasts, : on .account of injury to;' 'or death of, any one person; of`>25,000 t'eyclusive of interest and costs, on account of any one accident resulting in .injury or death -of . D *. � g o, more than. one .person and of f �5, 000.. ;,.for derma e. to property' f others resulting .Prom - any one :accident; such policy ;is a :. continuing. iiabil- ity up to the full amount thereof, notwithstanding any, recovery there on such policy, in the event of the death of the hole er, inures to, and is for the benefit and protection of; any person,,whoshall sus_ tain or suffer any,,damage or injury, , ,' �egal: repre- or to. the hears or 1 sentatives of any such person, as the: .case may be, who may be ,so damaged or injured Or suffer, death,'- by reason of ' ; the -negligent operation ofany taxicab covered rby the 'policy ..during the period covered by 'the Dolicy and the life of the owner, and any , such person, or , the ,heirs, or legal representat"ives of any. such °Person, as the case may be, may, in gulch event, sue the insurance carrier be sold,, assigned, provided that any such action. must be brought within the period. of time that an action on the policy could have been brought against the holder if he had'not ;died, and that no recovery can be had in such action in excess of the limits of thepolicy, and further Pro- vided that'the payments recuired to be made, in such ' event . shall oe made directly to any such person., or the heirs or legal repre- sentatives of ' any such 'person, as the case may b Each certificate required under the provisions of this Ordinance shall certify that the issuer thereof has issued a motor vehicle liability insurance policy or policies insuring the holder named in said certif;i.ca°te, :and t:ha.t, ,each of,.said >Policies contains each of the provisions required to be therein as provided by this 0rdinanGe and. that none of .said ,policies. ;can or will be cancelled. except upon thirty (30) days' prior written notice thereof to the Town Olerk,',. Each of said certificates shall be conclusive' evidence against the issuer thereof thatits contents are true and correct. All such certificates shall be sub j ect to the :approval' of .the Town Attorney. SECTIONS. , LIOENS' . E :FEES„ No certificate . hall be issued..or continued in operationunless the holder thereof has paid an annual license fee as provided in Section; 51 of Ordinance, No. 283 o.f the. Town of Los Gatos for the right to engage in the taxicab business for each vehicle operated under a certificate ofpublic convenience :and' necessity' SECTION' S. '.R.ANSF .OF CERT:IFICATES., No certif:cate:'of public convenience. and necessity may:, mortgaged. or othertise transferred SECTION 10. SUSPENSION 'AND 'REVOCATION OF CERTIFICATES. A certificate issuedunder the provisions of this ordinance suspendeked be revoked Or may k y d by the ToWn Council if the ho.l'der there- of has (a.), violated any of the provisions of this ordinance (b) dis- continued operations: for more than ninety (9©) days 'Tra>ithout the approval of 'the Torn Council ';(e )': has violated any ordinances of the ` Town Los Gatos, or the laws of the United States or the State of California, tile violations of which reflect unfavorably on the fitness : of the holder to; offer public transportation. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportun— ity to be.heard. SECTION 11. TAXICAB DRIVER* S LICENSE, ..No ` person shall. operate a taxicab for :hire upon the streets of the Town''' of Los Gatos, .and' no person ho owns or controls a ,taxi- cab shall permit it to be so driven, and no taxicab licensed by the. Town of Los Gatos shall. be so driven at any time: for hire, unless the driver of said taxicab shall have first obtained and, shall have then in force a taxicab driver's license issued under the provisions.` of '`this ordinance. SECTION .1?. ; DRIVER'S ,LICENSE. It shall be unlawful for any driver to operate any ; taxicab in the Town of Los Gatos unless there exists a valid permit to do so , as herein provided. ' , The: apaplication for such .driver'.s` license shall be in mriting, duly certified under oath and it tog.ether;. With a copythereof, shall be riled with the .Chief of Police, who shall transmit the.'orgi:nal to .the Town Clem, who shall file the. 'same. Each suchp: g. �lication shall hall set forth the name. age and.._. address of the applicant, his past experience in operatingautomobiles, the name, business and address of each of his employersduring the preceding period of three years, T•?hether or not a'chauffeur's license issued to him by the State of California or any state or governmental agencyhas ever been revoked, the name and address of .;the . owner by whom he is to be employed as a driver (which said owner shall ;endorse. the said application), and such additional information as the Chief of Police may require. Each application shall be accompanied by a. certificate' from a reputable phsician of the Totrof Los Gatos certifying that, in his : opinion,' the applicant is not inflicted with : any disease or infirmity which might inake him an unsafe or unsatisfactory driver. At the time the application is filed the applicant shall pay to License Collector the sum of 8:.1.00 SECTION"'13. DRIVER'S APPLICATION. Upon application for. a . driver ' s permit and before it shall':'. be issued, the driver, 'whether the holder or otherwise, must. evidence 2 proficient kno ledge of the traffic laws of the'Town; of Los Gatos and of the State of ,California, shoeingY1at ..ale has a current moor: vehicle chauffeur!s license issued by the Stateof California, and demonstrate 'his=. ability. to operate a taxicab 'all ;.to 2eatisfacti on ' the `Chief of Police. Upon satisfyingthe foregoing requirements, said driver shall be fingerprinted by, and ki.s record filed in the Police 'Department Bureau of 'Indent iT icatio.n Said driver `shall also file with : his application two (2) recent photographs (sitze 12 inch by li inch) , one to be filed, with his application . and one. t.o . be per-' manently attached to his driverzs permit when ` issued. SECTION 14. POLICE INVESTIGATION OF APPLICANT:.TRAFFIC AND POLICE RECORD.', The Police Department shall conduct an investi gation of each applicant for a taxicab driver's license and a report of such inves- tigation and a copy of the traffic and police record of the applicant, i.f any, to _ihe application or'`the :consideration: o.f .the Chief o f Police.. SECTION 15. CONSIDERATION OF'APPLICATION. The Chief .of Police- shall .upon:consideration of the appli cationand the reports and; certificate reguired .to be, attached there- to shall'approve or .reject the applica tion If' she ; application. is rejected, the appflcent may request' a personal appearancebefore the, Town Council to offer evidence why his applicati.on, should be recori sidered. No such driver's.. license shall be granted t:o any person„. .under the:: age of twenty= -en . years.: Su.ch..driver's :flcens e. ,May `' be denied u-oon substantial evidence of; facts of`': either physical or morale deficiencies. of::.the applicant which In tb.e `sound discretion of the Chief of Police would render `: such applicant not cornpet,ent t;o :operate a taxicab SECTION 16: ISSUANCE. OF . Up©n approval off" an .application' for xicab driver s �ata ' license the Chief. of Police. shall is su.e `. alicense t o th.e appl'ica t Which' shall bear the name:, °address,, color, age, signature ancl.photo graph of t:he'. applicant., the name of the ;:holder for whom said driver. is authorized to operate a taxicab and shall be valid Only so: ; long as p y p termination he continues in the employ of such holder, U on the ter of such employment, the said . driver shall forthwith surr ender his driver' s liven e •to the Chief of P'cilice.'• Upon fhe t'erminato.n•of; , the empl oyment° of .any driver; the holder for whom such driver ;has been work :ng shall` immediately give the Chief of Police written notice of. sucb terrainat:ion. SECTION 1'7 , ISPI,AY OTLICENSE. Every; driver licensed under this ordinance ;shall post his, driver's license in such'a place as to be in full view of all, passengers while suchdriver is operating ataxicab. A driver while on duty shall wear a cap, •indicating the name of the holder by whom the driver is employed and .shall exhibit to any 'passenger ;. p p p ger credentials .showing his` bonafide employ or'ros ect ve as.:• ent by such holder. each;. driver shall • also. wear; a badge. in a con-. picuous position .while on duty, only such caps and badges shall be, worn as have been approved by the Chief of Police.;: SCTTON$ SUSPENSION ANDREVOCATION OF I�I'CEISE. . • The ` Chief of":Ponce of the. Town of: Los Gatos, is hereby; given': the :autho.rity to .;suspend.. any IliCense license issued under • • this ordinance ' fora driver's ,failure, • or refusal to' comply with provisions of this .ordinance:,, or who shall, have drunk or consumed intoxicating liquor on duty, or has by his conduct, or other- wise -,:demonstrated, in the sound discretion of• said official, 'that said driver is: not a competentperson to operate :a taxicab, such suspension .to last for ,a: period:.of :not more.' than ten (10') days' The. Chief ,of `.,Police. s.hall imiediately report said:.action to the employer ofthe the driver. Uponwritten Complaint � p aiht of'the Chief' of (Police, ;or any the• other person, stating the alleged grounc.s therefor a driver license t either ;a regular may by' Towngular� meeting, or be • revoked the Council s: a : special Meeting''called therefor, after: five, (5), •day r mot- s �ari:tte i'`ce to' the holder ,of said li:cense, and the hearin•g lad pursuant to. •said notice, at, whi ch hearing the holder. shall have 'the :right; to' offer ": evict ence .:and 'have :;.the `•services of counsel. If .at said hear- ing it •;•sat sfectorl3y appears to; the Town Council that said holder has violated any of the' conditions of said license, or :has violated orne, r.y` law off' .the • States,' � ol�.t ed an : s or of the t e.d 40:: be vi State •of alifo:rnia or any ordinance of the :Torn :•of •;Los Gato s • :or who shall have drunk or consumed intoxicating liquor "while < on duly, AThich said violation or violations or conduct' in the Sind discre Lion of the Town Council shall be sufficient evidence of the fact that said driver is not a cotpetent person 'Co operate a taxicab in the Town of Los Gatos.. - The 'decision of the Town .Council shall: be final, and if the driver' s license is revoked; notice of the action of the Town Council shall be ,given his employer, and the license, .shall be forthwith surrendered. to the Chief of Police.. Notice of such hearing shall be personally served upon the driven and shall state tihe time. and place of :hearing. and shall be: accompanied by .a copy of the complaint. If service cannot be had in the foregoing manner, then a copy of such notice and copy of said complaint may be mailed to the driver addressed to his ; -.lace of resi- dence at least five (5) days prior to the hearing.The time of -such notice., may be shortened ,by the .Town :Council with the written consent f the;;.driver.. SECTION 19. FA2LURE TO COMPLY "TITH CITY, STATE AND FEDERAL LAWS. Every driver licensed under this ordinance shall comply with all City, State and Federal laws. Failure to do so will , ustify the suspending or revoking- a<' li.cense,'as Provided herein. SECTION,� 20... VF,FICLES. ,.,:;,EQUIPMENT ..AND, MAINTENANCE.. (a)1es Huss be License P d.: Prior to th� use and ap.era-•'. tion of any vehicle under the provisions of;this ordinance said vehicle she'll be thoroughly examined and inspected by the Chief of:;> Police,.; and. the Chief of Policeshall designate .agents , to inspeot such vehicles,. their equipment and taximeters, to; ascertain whether such vehicles and equipment comply with theprovisions of this ordinance. (10 ) he Chief of .Police, or any member of the Police Department under his direction shall have the right, at any t:me• -11 after displaying proper indentificat:ion, permit -holding taxicab for the purpose 0 enter into or :upon an of ascertaining whether not any .of .the .provisions of this Ordinance are being violated. (c) Any taxicab wiich is found, after any such inspection to ,be' unsafe, or in, '..any way, unsuitable for taxicab service:. sh all r�e'i3 med at'-ely .order.ed out'of service), and before again being placed service shall 1 be pl;a.ced 'in a safe and proper condition. (d): The interior of every taxicab shall .be thoroug1.hly cleaned at `least' once in every twenty-four (24) hours; and forth. with all property of value left i.n ,ny such vehicle by' a passenger p t ul e;` owner therof the:. Police. shall be �,e or�ed by " �- eos�- Chief' o�.. la ed pas. (e) Any. driver :erne y t o .transport s.engers . t;o a definite point hall take the most direct route possible that will carry the passengerto hie ` destination safely and 'expeditious) (f') very driver. .shall, 'if' requested, give a:correct rreceipt u a 21 a . ,. p gent .aP fare. (g) All., disputes as to fare . shall be :.forthwith cletermin.ed 'by-- he officer in charge of the Police Station and.. if his -decision is in savor -of :the passenger the :dritrer shall ;convey him to: the.: Police: Station::,and 'pack. to his original `destinat'ion without charge Failure to .comply with such detertinatzon, shall .subject the offending r�arty to .a charge of nisderneanor. 11 be -:,unlawful or any person re use t o ay . the la aful fare xed in: acGorda i . . nce �t�z the:the provisions of .,:this.: ordinance of. any of the vehicles regulated:by this Ordinance, after` employing or; hiring the same and: any p ersnn so Bong shall;' be glt y of d uia misdemeanor. (i) No driver of anytaxicab shall accept, take into his .,. y ..;: er number. o f tas e�eng:ers t vehicle `or t�ans�port :an larger han t�.e rated seating capacity of his vehicle, (j) It shall be unlawful for any owner a taxicab operating within the said Town of Los Gatos or its " environs to engage, employ or permit any womandriver to drive or operate any taxicab belonging to or under the control of such owner, or for any womandriverto drive, or operate any taxicab within said Town of Los Gatos or its environs during the period of or interval of time commencing one hour after sunset and ending one hour before sunrise of the day immediately ely following. (k) Receipt'; and Discharge of Passengers on Sidewalk Only, Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible or in the absence . of a sidewalk, to the extreme right- hand side of the road and there receive or discharge passengers, except upon ::one-way streets ¶here passengers may be discharged at either the right' or left-hand sidewalk, or side of the roathiay in the absence of a "sidewalk. (1) Additional Passengers. No driver shall permit any other person'to occupy or ride in said taxicab,unless the Person or persons first employing the taxicab shall consent to the accept ance of additional passengeror passengers No charge shall be made for an additional passenger except when the additional passen- ger rides beyond the prev ousassengerrs; destination and. D ien only for d additional distance so the travelled. (m) Refusal ;to C .rry :-Orderly Passengers Prohibited. No driver s11 ':refuse or neglect;, to convey any orderly person or persons, upon request, unless previously engaged or unable or for- bidden by provisions of this ordinance to do so. (n) Prohibitions: of Drivers. It shall be a violation of this ordinance for any driver,of a taxicab to engage i'n selling �-13- intoxicating liouors.. Neither shall such driver „engage in selling intoxicating liquors,. or solicit business �- � for any house of 'ill.: repute use his vehicle for -any purpose other than the transporting of passengers:. (0) , Prohibitions of Passengers.:. It shall be unlawful. ` for the: driver of any taxicabto permit any person or persons :to -stand. on 'the 'running- board' of; such ;vehicle while the .same is i,.n : motion, and it shall be unlawful`: for any person to ride on the running board of ` such vehicle: irher the same is in notion. SECTION 21'. DESIGNATION OFTAXICABS. Each taxicab shall bear, such place or :places on the outside of 'such :vehicle.> as shall •be :designate.d by '.the' Chief .of ,Police,, the number `granted for its operation, in the type and design. thereof• as <directed; by the .Chief of Policee, and, in adait on, may bear .any :'• indent Eying design: approved by the :Chief`.' of Police No vehicle covered by the terms of 'this ordinance shall be• licensed whose' color scheme, ndentfyng design, or -Insignia to be used thereon shall, i-n the opinion of the' Chief of Police, conflict with or, imitate any color scheme, identifying design,; or insignia used-, an a vehicle or vehicles already operating under the -:.ordinance, such a manner as t.o be misleading or .tend "'to the: public.;:.:. SECTION 22. RATES OT FARE --- TAXIMETER REQUIRED.` (a) It: ,`shall be ` unlawful for any holder deceive.. ar d of rand or driver operate:; any taxicab in the Town of Los Gatos unless suchvehic:le is equipped: Wraith a taxim:eter.. of such' type, style -and- design as may be:'approved by the Chief of Police, and it shall be the duty of every holder operating a° taxicab -,to keep ,`such :taximeter in perfect condition so t,t such., taximeter: wi 1, at, all times, correctly ;,and. accurately indicate the. 'legal charge -'-'for the ciiiStance travelled ' and waiting time and such' taximeter shall; be at all times subject t inspection by the Chief of Police, and said Chief of Police is hereby authorized at his ::instance or upon compieint .of any Person to. g g t er, and•. upon :. znvesti ate br cause to be.invest� a ed such, t xi.e a r the dis cover3 �' o.� any inaccuracy in said meter, to.remove:'or cause moved. such vehicle egj.i peal with such to • t o b e . r, e p, x,met er from... the 'street of the Town of Los Gatos unto: such time as said taximeter 11 have been correctly adjusted, provided, however. the., Chief of Police' may 'in writing permit the: operation of; a t;axicab• unequipped with a taximeter on the terms and: conditions, including rates, and for ;;the tiine specified in such -written permit,a copy of Z3hich permit. must be displayed in the pessengerts compartment of such taxicab.. Tadica.bs', not equipped.with•meters operating in; the 'Town of Los Gatos on the date this '..Ordinanc.e: is: ad.opt'ed ,shall be eq upped ;• 1 :th meters ,as soon as their_..delivery: can be obtained.'• 'she date of-:;. installation of said:. miet.,ers shall not be more than. sixty (6Q) days • 'from le the effective, date- of this �:rdinance, unless said: ast is ; changged 1 y °a resolution adopted by the Town council. (b L'very such taximeter . shall. r'egist er the charge to the nearest ten centsOc .) (1and: be equipped t ith..a • flag or: other mech�� ani.cal device withthe words 1PFor . Hi re'' Drinte:d or stamped:" thereon, and said flag .shall be so 'attached and connected to the rechanism of" -said. tax. meter as to cause said mechanism to operate When ; staid flainposition g is a other than upright and indicate that> cab is no , :for hire and. which .staid flag shall;, when moved'`forward: or • downward,• start ;the .oper,ation o said :taxirn etr so that the Gam' xr ll operate in the manner defined in thus Ordinance. • (c)• I shall be: unlawful for• any driver ..of e :taxi:cab while `. carryi.n.; pas'sengers c p_lay .the flag::or device sttached:. to. ! such .•.. taximeter` in such a position as to denot-e. that • .such vehicle is for non recording position at the hire, is not . employed, or to have such, flag or . other attached device in such a position as to prevent Paid taximeter from opera- ting and it shall be unlawful for any driver "t o throw such flag or other deviee, a taximeterinto a pos;ition ihich`,causee said;.taxi meter to record when such vehicle is ..not 'actually ' employed or fail to- throwsaid flag or .other device on such taximeter `into °a termination; of each and ,every service, provided that the foregoing anr p t. r" ips r:from, t '' g on.. boints ou�sa.dethe Town. 'of Los ;Gatos where the char e,:::�s >fixed a trip: baSis:, (d) All charges fog transportation of passengers.in taxi cabs op erated in ahe Town of ,.. Lose Gatos must he based on the charges indicated on said taximeters and it shall be unlawful " for any holder, driver, or operator of: any taxicab to -charge any passenger, or„.pas- rs> sengeany sum;"in excess of, the, sum indicated on . saic. taximeter, provided that the foregoing '`shall not: apply to trips 0 or',: from points outside:the Town of Los Gatos where the charge is fixed' on. ,. a trip basis. • (e) • The taximeter shall. be , so placed: ; in said, taxicab that' g .:',showing . . the rea,din dial the amount ' to be charged shall be well -lighted. and readily discernible bythe passenger,.` riding insuch taxicaba (f) Posting of Fares. There shall be displayed in the passenger compartment of each taxicab., in full view o `the pas:seng'er, a card not less than two itches by four inches in size which shall have plainly printed thereon the :name of the holder, or the 'f3 ctit ous name under whichsa.` de r; operates, the business address and tele.- , b umber of holder, and: a correct: the Phone n said schedule oi` rates o be charged for conveyance insaid vehicle (g) Rates.:; It shall be Unlawful,. exceptfor trips to or from points outside the Town of Los: Gatos; where the charge . is fixed o on a trip basis, "" r the 'rlol.der car driver of �.ny taxica�, 'to fix or charge or collect a rate in' excess .of the' folowing: or theh f first one-fourth Hmile, or fraction thereof, t rerity five (250) ,• For each additional one -eighth mile, or fraction thereof, ,. five cents (5)y 'The foregoing charges apply to .any. numb.e:r a; 'has s engers.: urn to,: but not in 'excess of, five. (5), inhere the point' o destination for all of said: passengers is; the same. - and for each such passenger in ;excess 0f five (5) the foregoing charges mat he- increased by not .to' exceed ten Per cent (10,%) thereof. When <hauling' passengers whose points of; destination :are. i:fferent: the. meter shall be turned back t'o`, the; k'For Tire" position each time a passenger is :discharged and fare collected; 5. For s< each piece of .luggage in excess two (2) average .Size traveling -bags.....„. Cr-their equivalent in .size, twenty- five .oents (250); f.or . each trunk fifty -,cents (50 . For waiting, ten - cents (10 ). for each two (2). minutes, er fraction thereof, :of Waiting. time, after the -first' Three (3)' minutes; Between the hours of 12 o'clock midnight and 6 o' clock A. M. a minimum charge of f 00; In case any taxicab shall bebecomeoe dis abled orbreak down while` conveying passengers: for hire,; the time" of :.Stoppage shall be deducted from.the time; charged for.':` tOTION..23`. OPEN STANDS. ESTABLISHMENT'.'. USE: The Town .Council authorized and.empowered to the Town of Los-_Cat.os; is hereby establish Open Stands in such place or Plates upon the .streets of the Town of Los -Gat os as it deems 'n,eces- sary for the uae..of taxicabs.. operated. in the Town, which stands when • • so: established shall be approptiately designated. '!Taxis 0n1yu Said ,. Town .Counci'l shall not ;create an'open staid without taking 'into con ai eration the need for such stands b 'the- holder. of the certificate y of public convenience and ,necessity, and theconvenience t"o the gene eral public;. The Town Council shall, prescribe the, number thatp T der. Such open all be , stand shall shall be' occupied. b, such hol occupied by the holder only, CObe unlawful -tor t she j It shallholder,driver or onerator of any taxicab to allow said taxicab to remain parked, while . await- ing employment, except, in ,:s. regularly es provided, however, ablished taxicab :stand.. hat taxicabs may parkin any avaliable .parking space. when:;actually ;'engaged in loading, or unloading passengers; and Provided further, that between the vhours of 6;:00 o t clock P. li. and 9 00o'clock A. M.: of the following day, taxicabs may ,:stop, stand or park, in any Place where the parking of vehicles is .otherwise -permitted.. SECTION 24. TAXICAB; SERVICE A-ll;, persons engaged in the taxica.b.. businessin. the Toucan of Los Gatos operating under the provisions of: this ordinance shall render ar over-all service to the public'.desiring ..to use taxicabs. Holders. 'o certificates of pubiic maintain a :central glace co:nve ience: and necessity.ehali of ;business_ and keen th sane open 'between the hours of 6:00: A. M. and 12:00 midnight of every a y,, or as provided by resolution of the Town Council for the purpose of receiving calls and: dispatching cabs.They shall `<answer : all calls received by them for services inside the corporate limits of Los Gatos assoon as they can do so and if said . services cannot be ren- d.ered within .a r.easa:nable time they shall'' then notify the prospec- tive passengers how long' it will be before the said call can be. answered and given the reason therefor. Any holder who shall refuse panywherep .`. to accept a call . in;:' the corporate orate limitsof Los Gatos at any time when such Polder has available cabs; or who shall fail or g' refuse to give over-all service shall be deemed.a violator of this ordinance and the certificate granted to such, holder shall be revoked at the discretion' of the Town Council. SECTION 25`. OF INSPECTION r BOCKS..A�TD. RECORDS, REPORTS. The Molder shall, upon ` written request of the Town Council, deliver to the'Town Ooun" ell all of .his books and records pertaining to the operationoftaxicabs for' a .period of twelve (12) calendar months, p g., tq , inspection p next xecedn he date: of such request for ins ection b.y the Auditor; of the Town of Los Gatos, and unless such .books and, records- are:, delivered, to the. Town Council within .fifteen (15) days from the. date of such. request, all permits of said holder shall be (16th)' day from the .o suspended on the. datef such request' until said books and; records aredelivered or such permits. revoked, whichever issoo ner in event. All accidents arising from `or in • connection'with. the opera- t ion of taxicabs which result in death':or injury . to any person, or' in damage to any; vehicle, or to any property,.:' shall be= reportedwith in twenty-four (24) .hours from the time of occurrence to the. Police Department in a formof report to be furnished by said department. 1 SECTION 26. PO.LICE DEPARTMENT. DUTY -TO -ENFORCE OR.DINANCE. The PoliceDepartment of the Town of Los Gatos., is hereby given the authority and' is instructed to watch and observe the conduct of holders and drivers operating. uncler this ordinanc.ee'. Upon;.discovering a Violation of: the provisions of this ordinance, the Police. Department shall report the ':same to the Chief of who will ;order or take appropriate. action. SECTION. 2?. PRESENT OWNERS OF TAXICABS AND`,DRIVER$. Everyowner o`f any taxicab:s nova legally operating the same ;zn the Town of Los Gatos.. shall file an -application .for a certificate ae provided in Section :3 hereof`w3t:in I5day:s after the effective date of thisw ordinance and a certificate shall imi.ediat ely issue without `` the necessity of a Public Hearing ;pro viding said. Owner has complied with the remaining provisions of this Ordinance Gatos Every; taxi driver now operat i°rigthe `:Town of Los shall file an alDplication for a Driver's license as provided in Section 11 hereofwithin 15 days after the effective: date of this any. ordinance.. SECTION 20 VIOLATIONS AND PENALTIES. Any person, firm, corporation or association violating f the Provisions of this Ordinance shall :be deemed guilty of a :mi.sdemeanor, and upon, conviction thereof shall be punishable. by a :'fide:` ofnot more :than �' 500.00, or ;by imprisonment in the County Jail f,Qr„a period of not to exceed six (6)' months, or pots:' such fine and iinprisonnient.. SECTION 29. CONSTITUTIONALITY, If any -:section., subsection;: seritence,. clauseor phra`:se f this ordinance is for any reason held to be ;invalid, such isions decision or dec hall`not, affect' the validity of the renaining..porti.ons of this ordinance. The Town Council hereby.:, declares that it would hsve passed this ordinance, and each section, sub -section, sentence, clause and phrase thereof, irres- p:ective of the ; fa.ct that: any one or 'More'sections, sub sections,` sentences, clauses or phrases be declared invalid. • SECTION 30. REPEALING' CLAUSE. All ordinances and.. parts of ordinances insofar as they.': conflict wi .h this Ordinance:. are; hereby repealed; ' provided, how- ever, that holder's'or driver's permit's heretofore issued under this -o.rov'is:ions of any; ordinance of 'said Town of.'';.Los Gatos: and' now • in '`force and effect • shall remain in force•and` effect until:, re oked or;`su's:pended. as herein provided,o-r until the 'expiration ; hereof, whichever is sooner event. SECTION 31. PUBLICATION. ' This ordinance shall be printed: once in . a newspaper of . general circul•ation printed and published' in the Torn of Los Gatos. Introduced at :a regular meeting of the Town Council of the TotA'n of Los Gatos, State of California, Yield. on the/ t 4.7 day of , 1949`. Passed and adopted as an Ordinance `.of the Town of Los Gatos, California, at a regular meetingof the Town Council there- of held on .th vote:: :ay ,o.f -21 1;9a9,' by `the, following .AYOR OF THE 4TO ^ill. GATO off.JN CL THRK OF` E TO%�TN OF' LOS GATO$ E