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Ord 1646 - Amending Chapter 29 of the Town Code relating to the regulation of taxicabs deleting regulation of rates per mile and other charges; deleting town resolution of fare disputes and certain other provisions; increasing insurance requirements; specORDINANCE NO. 1646 AN ORDINANCE AMENDING CHAPTER 29 OF THE TOWN CODE RELATING TO THE REGULATION OF TAXICABS DELETING REGULATION OF RATES PER MILE AND OTHER CHARGES; DELETING TOWN RESOLUTION OF FARE DISPUTES AND CERTAIN OTHER PROVISIONS; INCREASING INSURANCE REQUIREMENTS; SPECIFYING CERTAIN OFFENSES REQUIRING REJECTION OF DRIVER LICENSE APPLICATION; PROVIDING FOR APPEAL TO COUNCIL FROM REVOCATION OF TAXICAB DRIVER'S LICENSE The Town Council of the Town of Los Gatos hereby ORDAINS: SPrtion 1_ Section 29 -1 of the Los Gatos Town Code is amended to read as follows: Sec. 29 -1. Definitions For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Call box stand. A place alongside a street or elsewhere where the town council has authorized a holder of a certificate of public convenience and necessity to install a telephone or call box for the taking of calls and the dispatching of taxicabs. Certificate. A certificate of public convenience and necessity issued by the town council, authorizing the holder thereof to conduct a taxicab business in the town. Driver's license. The permission granted by the chief of police to a person to drive a taxicab upon the streets of the town. Holder. A person to whom a certificate of public convenience and necessity has been issued. Limousine. A motor vehicle regularly engaged in the business of carrying passengers for hire, of private appearance with no distinctive markings, not equipped with a taximeter, and not operated on a fixed route. Open stand. A public place alongside the curb of a street or elsewhere in the town which has been designated by the Town Council as reserved exclusively for the use of taxicabs. Rate card. A card displayed in each taxicab which contains the rates of fare then in force. Taxicab. A motor vehicle regularly engaged in the business of carrying passengers for hire, equipped with a taximeter, having a seating capacity of five or less persons, excluding the driver, and not operated on a fixed route. Taximeter. A meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. Sar.tinn 9_ Section 29 -3 of the Los Gatos Town Code is amended to read as follows: Sec. 29 -3. Vehicles -- Equipment, condition, non - liability and maintenance. Prior to the use and operation of any vehicle under the provisions of this chapter not licensed under an owner's license in another local public entity, such vehicle shall be thoroughly examined and inspected by the chief of police, and the chief of police shall designate agents to inspect such vehicles, their equipment and taximeters, to ascertain whether such vehicles and equipment comply with the provisions of this chapter. Any taxicab which is found, after any such inspection, to be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of service, and before again being placed in service shall be placed in a safe and proper condition. The Town shall not be liable for any injury or damage caused by its act or omission regarding such inspection. The taxicab shall be kept clean and serviceable and in operable condition with respect to applicable sections of the Vehicle Code. All property of value left in any such vehicle by a passenger shall be reported by the owner thereof to the chief of police. Section 3. Section 29 -4 of the Los Gatos Town Code is amended to read as follows: Sec. 29 -4. Same -- Identification and insignia. Each taxicab shall bear proper identification including the name of the taxicab company and the number of the vehicle. Section 4. Section 29 -11 of the Los Gatos Town Code is hereby repealed. CArtinn F Section 29 -13 of the Los Gatos Town Code is hereby repealed. Section 6. Section 29 -15 of the Los Gatos Town Code is amended to read as follows: -2- Sec. 29 -15. Reporting of Accidents. All accidents arising from or in connection with the operation of taxicabs which result in death, injury or reportable property damage shall be reported immediately to the police department having jurisdiction. Crsrtinn 7_ Section 29 -17 of the Los Gatos Town Code is hereby repealed. Car +inn A Section 29 -20 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -20. Application. An application for a certificate of public convenience and necessity under this article, together with a copy thereof, shall be filed with the chief of police who shall transmit the original application to the town clerk, who shall present the application at the next regular meeting of the town council. Such application shall furnish the following information: (a) The name, residence and business address of the applicant and of all persons to be directly or indirectly interested in the certificate of public convenience and necessity. (b) Applicant's sworn financial statement. (c) The experience of the applicant in the transportation of passengers, and whether or not any certificate or other permit or license has been revoked, and if so, the circumstances of such revocation. (d) Any facts which the applicant believes tend - to prove that public convenience and necessity require the granting of a certificate. (e) The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals. (f) The color scheme or insignia to be used to designate the vehicles of the applicant. -3- (g) Whether the applicant has been convicted of any of the crimes set forth in Section 29 -33. (h) Such further information as the chief of police may requi re. At the time application for a certificate of public convenience and necessity is filed under this Article, the applicant shall pay to the tax and license collector the application fee therefor as set forth by council resolution. Section 9. Section 29 -22 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -22. L i a b i l i t y insurance required. No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect a motor vehicle liability insurance policy from a responsible and solvent corpor- ation, authorized to issue such policies under the laws of the state insuring the owner and covering such taxicabs, and also unless the owner shall file with the town clerk the written certificate of such corpor- ation, all as provided in this section. Each motor vehicle liability insurance policy required under the provisions of this section, in addition to the provisions required to be therein under the laws of the state, shall provide that such policy covers any taxicabs which may be driven or operated by or for the holder insured under such policy, regardless of whether or not any certificate or permit has been granted such insured under the provisions of this chapter; that such policy insures the holder and any other person driving, using or responsible for the use of any taxicab covered by such policy, with the consent, express or implied, of such holder, and also the town against loss from the liability imposed on any of them by law 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 taxicab covered by the policy to the amount or limit of not less than one million dollars combined single limit, i nc l udi ng bodily injury l i ability and property damage liability; that such policy is a continuing liability up to the full amount thereof, notwithstanding any recovery thereon; that such policy is primary insurance, with the town's coverage as excess only; and that such policy, in the event of the death of the holder, inures to and is for the benefit and protection of any person who shall sustain or suffer any damage or injury, or to the heirs or legal representatives 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 of any taxicab covered by the policy during the period covered by the policy and the life of the 'e owner; and any such person, or the heirs or legal representatives of any such person, as the case may be, may in such event sue the insurance carrier; provided, that any such action shall be brought within the period of time that an action on the policy could have been brought against the holder if he or she had not died and that no recovery can be had in such action in excess of the limits of the policy and that the payments required to be made in such event shall be made directly to any such person, or the heirs or legal representatives of any such person, as the case may be. Each certificate required under the provisions of this section shall certify that the issuer thereof has issued a motor vehicle liability insurance policy insuring the holder named in such certificate, and that each of such policies contains each of the provisions required to be therein as provided by this chapter and that none of such policies can or will be cancelled except upon thirty days prior written notice thereof to the town clerk. Each of such certificates shall be conclusive evidence against the issuer thereof that its contents are true and correct. All such certificates shall be subject to the approval of the town attorney. Section 10. Section 29 -28 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -28. Required. No person shall operate a taxicab for hire upon the streets of the town and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the town shall be so driven at any time for hire, unless the driver of such taxicab shall have first obtained and shall have then in force a taxicab driver's license issued under the provisions of this article except as hereafter permitted. A holder of a certificate of public convenience and necessity is not required to license each driver if the driver is licensed by another local public entity in this county. A holder of a certificate of public convenience and necessity whose drivers are licensed by another local public entity in this county shall provide to the chief of police a roster of names and addresses of all taxicab drivers holding current taxicab driver licenses under another jurisdiction. The holder shall update the roster with current driver information. Section 11. Section 29 -29 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -29. Application. The application for a driver's license required by this article shall be in writing, duly certified under oath, and it, together with a copy -5- thereof, shall be filed with the chief of police, who shall transmit the original to the town clerk, who shall file the same. Each such application shall set forth the name, age and address of the applicant; his past experience in operating automobiles; the name, business and address of each of his employers during the preceding period of three years; the name and address of the owner by whom he is to be employed as a driver (which owner shall endorse the application); and such additional information as the chief of police may require. Section 12. Section 29 -3G of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -30. Fees. At the time an application for a driver's license is filed under this article the applicant shall pay to the tax and license collector the fee therefor as set forth by council resolution. An annual renewal fee shall be paid to maintain said license in effect. Section 13. Section 29 -31 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -31. Qualifications; photographs and fingerprints to be filed. Upon application for a driver's license under this article, and before it shall be issued, the driver, whether the holder of a certificate of public convenience and necessity or otherwise, shall evidence that he has a current valid motor vehicle driver's license issued by the state. No such driver's license shall be issued to any person under the age of eighteen years. Upon satisfaction of the foregoing requirement, such driver shall be fingerprinted by, and his record filed in, the police department. Such driver shall also file with his application two recent photographs (size one and one -half inches by one and one -half inches), one to be filed with the application and one to be permanently attached to the driver's license when issued. Section 14. Section 29 -32 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -32. Investigation of applicant. The police department shall conduct an investigation of each applicant for a taxicab driver's license and a report of such investigation and a copy of the traffic and police record of the application relating to the offenses set forth in section 29 -33, if any, shall be attached to the application for the consideration of the chief of police. Soctinn 15. Section 29 -33 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -33. Issuance or denial; basis; appeal; term. The chief of police, upon consideration of an application for a driver's license under this article and the reports and certificate required to be attached thereto, shall approve or reject the application. (a) Mandatory Grounds for Non - Issuance. No taxicab driver's license applied for under this article shall be approved by the chief of police to be issued to any person: (1) Who is under the age of 18 years. (2) Who does not hold a valid California driver's license. (3) Who has been convicted of murder; arson; rape; robbery; burglary; mayhem; any act punishable under Section 288 of the Penal Code or who is required to register as a sex offender; all other inherently dangerous criminal offenses including but not limited to kidnapping; manslaughter; carrying a concealed weapon; driving under the influence of alcohol or drugs; sale or use of narcotics; and reckless driving. (4) Who because of excessive and continuous use of alcoholic liquors is incapable of safely operating a public transportation vehicle, or who is addicted to the use of narcotic drugs or is an habitual user of any other drug rendering the person incapable of safely operating such vehicle. (5) Who is epileptic. (6) Who is insane or feebleminded. (b) Discretionary Grounds for Non - Issuance. The chief of police may disapprove issuance to any person: (1) If the applicant fails to furnish the information required in the application for such license, or reasonable additional information requested by the chief of police. -7- (2) If the chief of police determines that such person has knowingly used a false or fictitious name on any application for license, or has impersonated another in making application, or has knowingly concealed a material fact, or otherwise committed fraud in any such application. (3) If the chief of police determines that the applicant is a negligent or incompetent operator of a motor vehicle. (c) Appeal. Any person whose application is denied by the chief of police has the right to appeal to the town council. A notice of appeal must be filed with the town clerk within 10 days of mailing of the notice of denial. The appeal shall be heard as a hearing de novo by the town council within 30 days from the filing of the notice of appeal. The council may overrule or affirm the denial by the chief of police, and if it overrules the denial, the chief of police shall issue the permit. (d) Term. Upon approval of an application for a taxicab driver's license, the chief of police shall issue a license to the applicant, which license shall bear the name, address, age, signature and photograph of the applicant, the name of the holder of a certificate of public convenience and necessity for whom such driver is authorized to operate a taxicab and shall be valid only so long as he continues in the employ of such holder. Section 16- Section 29 -35 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -35. Display. Every driver of a taxicab shall post his or her driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab. I cPrti nn 17_ Section 29 -37 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -37. Suspension or Revocation. The chief of police shall have the authority to suspend or revoke any driver's license issued under this article for failure or refusal of the driver to comply with the provisions of this chapter or for any of the reasons for either mandatory or discretionary denial as set forth in section 29 -33. A suspension shall last for a period of not more than ten days. The decision of the chief of police shall be final. The chief of police shall immediately report such action to the employer of the driver. Any person whose license is revoked shall have the right to appeal to the town council. A notice of appeal must be filed with the town clerk within 10 days of the date of mailing of the notice of revocation. The appeal shall be heard as a hearing de novo by the town council within 30 days from the filing of the notice of appeal. Council may overrule or affirm the revocation by the chief of police, and if it overrules the revocation, the chief shall reinstate the permit in accordance with the council decision. 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 to his employer, and the license shall be surrendered forthwith to the chief of police. Section 18. Section 29 -38 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -38. Taximeters -- required; manner of operation. All taxicabs shall be equipped with an operable taximeter. The taximeter shall correctly and accurately indicate the legal charge for the distance traveled and waiting time. The taximeter shall be subject at all times to inspection by the chief of police. When hauling passengers whose points of destination are different, the taximeter shall be turned back to "For Mire" position each time a passenger is discharged and a fare collected. Section 19. Section 29 -40 of the Los Gatos Town Code is hereby repealed. Sectinn 20. Section 29 -42 of the Los Gatos Town Code is hereby amended to read as follows: Sec. 29 -42. Rate Card to be displayed. There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a card which shall have plainly printed thereon the name of the holder of the certificate of public convenience and necessity, or the fictitious name under which such holder operates, the business address and telephone number of such holder and a correct schedule of the rates to be charged for conveyance in such vehicle. moo Cartinn 91. Section 29 -44 of the Los Gatos Town Code is hereby repealed. Cartinn 99 This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on February 19th , 1985 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on Marc 18th , 1985. AYES: COUNCILMEMBERS Eric D. Carlson, Terrence J. Daily, and Mayor Joanne Benjamin NOES: COUNCILMEMBERS Thomas J. Ferrito, and Brent N. Ventura ABSTAIN: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS Pone 2 SIGNED: _ r� ATTES MAYOR OF-THE ' WN OF LOS GATUS CLERK-OF THE TOWN OF OS G U -10-