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:
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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.
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(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
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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.
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(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
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