HomeMy WebLinkAboutOrd. 1421-2010ORDINANCE NO. 1421-2010
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTER 6.72 OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO
THE REGULATION OF TAXICABS
WHEREAS, the State of California has passed a series of amendments to state law
regarding taxicabs since the last update of the City's taxicab ordinance, including; and
WHEREAS, Government Code Section 53075.6 requires that every city protect the
public health, safety and welfare by adopting an ordinance that establishes a mandatory
controlled substance and alcohol testing program; and
WHEREAS, Government Code Section 53075.7 requires that the City adopt criteria
and investigate any business that advertises as a taxicab business and any complaints
received about taxicab businesses; and
WHEREAS, Government Code Section 53075.61 allows the City to adopt an
impoundment procedure for those taxicabs in violation of state taxicab regulations and the
City's taxicab ordinance; and
WHEREAS, Government Code Section 53075.9 requires the City to provide a
hearing for those persons who violate state laws regarding taxicabs; and
WHEREAS, the City also finds a taxicab records retention policy in the interest of
the public and thus is adopting a record retention policy for all taxicab drivers and owners
within the City; and
WHEREAS, City Council finds that it benefits the public interest, safety, and
welfare to amend certain sections of the Taxicab Ordinance and to ensure that the taxicab
ordinance conforms with updates to State law; and
WHEREAS, Article XI, Section 7 of the California Constitution provides that a city
or county may make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, pursuant to such authorities, the City Council has determined that it is
in the public interest and welfare to amend the South San Francisco Municipal Code and
establish state-mandated regulations that regulate taxicab owners and drivers within the
City.
NOW THEREFORE, the City Council of the City of South San Francisco does
hereby ordain as follows:
SECTION 1. AMENDMENTS
Chapter 6.72 of the South San Francisco Municipal Code is hereby deleted and replaced
with the following:
Note to Chapter 6.72.
* For the statutory provisions allowing local authorities to license and regulate the operation of
any vehicle for hire and taxi drivers, see Veh. Code Sections 16501 and 21100. For the statutory
provisions regarding financial responsibility requirements for vehicles for hire, see Veh. Code
Section 16500.
6.72.010 Definitions.
The following terms and phrases whenever used in this Chapter shall have the following
meanings.
(a) "Bus" means every privately owned vehicle having a seating capacity of more than eight
(8) passengers, excluding the driver, and operating over the streets of South San Francisco on a
regularly defined route, the service of which is rendered solely within the corporate limits of the
city, and having a fixed fare.
(b) "Chief of police" means the chief of police of the city.
(c) "City clerk" means the city clerk of the city.
(d) "Council" means the city council of the city.
(e) "Driver" means every person in charge of, or operating, any taxicab, bus or rent car, as
herein defined, either as agent, employee or otherwise under the direction of the owner, or as
owner, as herein defined.
(f) "Hearing officer" means the city manager or his or her designee.
(g) "Owner" means every individual, group of individuals, partnership, limited partnership,
joint venture, firm, corporation or any other organizational structure having use or control of any
taxicab, bus or rent car, as herein defined, whether as owner, lessee or otherwise.
(h) "Rent car" means every vehicle, excluding taxicabs, used for the transportation of
passengers for hire over the public streets of the city and not over a defined route, for which a fee
is charged and the service of which is rendered wholly within the corporate limits of the city, and
such vehicle is routed as to destination under the direction of such passenger or passengers, or of
such person hiring the same.
(i) "Shuttle van" means the same as "bus."
(j) "Stand location" means a portion of a street designated by either the city council or the
chief of police for the use, while awaiting employment, of any vehicle for hire as herein defined.
(k) "Street" means any place commonly used for the purpose of vehicular public travel.
(1) "Taxicab" means every vehicle with a seating capacity of eight or fewer persons,
excluding the driver, operated at rates per mile, or for wait-time, or for both, used for the
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transportation of passengers for hire over the public streets of the city, and not over a defined
route and irrespective of whether the operations extend beyond the boundary limits of the city,
and such vehicle is routed as to destination under the direction of such passenger or passengers,
or of such persons hiring the same.
(m) "Taximeter" means any mechanical instrument, appliance, device or machine by which
the charge for hire of apassenger-carrying vehicle is mechanically calculated, either for distance
traveled or time consumed, or both, and upon the instrument, appliance, device or machine such
charge is indicated by figures.
(n) "Vehicle" means a vehicle as defined in Section 670 of the California Vehicle Code and
includes the term "motor vehicle" as defined in Section 415 therein.
(o) "Vehicle for Hire" or "Vehicles for Hire" includes any and all buses, taxicabs and/or rent
cars as defined herein.
6.72.020 Purpose and scope.
(a) The purpose of this Chapter is to protect the public health, safety and welfare by
regulating the operation and licensing of vehicles for hire and the drivers of passenger vehicles
for hire as authorized by Vehicle Code Section 21100.
(b) All taxicabs authorized to operate within the city shall be properly licensed with the
California Department of Motor Vehicles, and shall further comply with all state and local laws
and regulations relating to the licensing and commercial operation of taxicabs. All taxicabs shall
be registered under the firm name or the name of the individual holding the certificate of
convenience and necessity. No vehicle used or intended to be used in taxicab service in the city
shall be rented to any owner or driver unless such owner or driver has obtained the appropriate
permit(s) pursuant to this Chapter.
(c) This Chapter is limited in scope to the Regulation of Vehicles for Hire as defined herein. It
does not regulate vehicles or businesses required to obtain a Certificate of Convenience and
Necessity issued by the California Public Utilities Commission, nor does it apply to passenger
transportation service, the regulation of which is preempted by the Federal Bus Regulatory
Reform Act of 1982 (P.L. 97-261), as amended.
(d) This Chapter does not apply to any passenger transportation service owned and operated
by a public agency.
6.72.030 Certificate of Convenience and Necessity.
(a) It is unlawful to operate any taxicab, bus, or rent car in the city unless the owner thereof
applies for and obtains a Certificate of Convenience and Necessity authorizing such activity
(hereinafter "Certificate"), which Certificate shall be applied for, granted, and in effect, all in
compliance with. the provisions of this chapter and Title 20.
(b) No Certificate shall be issued until a standard, distinctive and uniform color scheme,
name, monogram and/or insignia has been adopted by the applicant and approved by the city
council.
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(c) After the service for which a certificate is granted hereunder is discontinued, or if the
owner sells or discontinues his or its business for a period of forty-five days or longer, the
certificates granted hereunder shall be automatically cancelled and shall be reissued only in
accordance with the provisions of this chapter.
6.72.040 Application for certificate.
(a) The application for such Certificate shall be in writing, duly certified under oath, and it,
together with two copies thereof, shall be filed first with the Police Department for its
investigation and report. The Police Department shall forward an advance copy to the Planning
Division, and shall transmit the original to the City Clerk, who shall file the same.
(b) Each application shall include:
(1) A full identification of the applicant and all persons to be directly or indirectly interested
in the business, if authorized;
(2) The residence and business address and the citizenship of the applicant, including all
members of any firm or partnership, or all officers and directors of any corporation applying;
(3) The exact nature of the proposed business for which the certificate is requested, and the
name under which it is to be operated;
(4) Whether or not any similar certificate held by the applicant(s) has been revoked, and if so,
the circumstances of such revocation;
(5) The number of vehicles proposed to be operated;
(6) The complete description of the vehicles proposed to be operated (including VIN) and the
proposed operations;
(7) Proof of ability to respond in damages as required by Section 6.72.090;
(8) The color scheme and characteristic insignia to be used to designate the vehicles of the
owner;
(9) A receipt from the Finance Director which certifies that the applicant has paid the fees
required by Title 20 of this Code, if any, and a nonrefundable processing fee as set forth in the
Master Fee Schedule for the city adopted by resolution of the council. The latter processing fee
shall be used solely to defray the costs of the police department investigation and report required
herein.
6.72.050 Certificate-Application-Investigation.
(a) Upon receipt of the application for a Certificate, the Planning Division shall conduct an
investigation into the following:
(1) Whether or not the business for which application is made conforms in all respects to the
requirements of the General Plan and any applicable Specific Plan and Title 20 of this Code;
(2) The demand of the public for the services to be rendered by the applicant;
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(3) The adequacy of existing mass transportation and taxicab services in the city;
(4) Whether existing agencies will furnish additional service if granted the right;
(5) The effect such additional taxicab service may have upon traffic congestion and parking.
A report of the results of the investigation shall be forwarded to the Council within sixty (60)
days from the date of receipt of a complete application for consideration in deciding whether or
not to issue a certificate.
(b) Upon receipt of a copy of the application for a Certificate, the chief of police shall
investigate the following:
(1) The financial responsibility of the applicant;
(2) The experience of the applicant in operating businesses similar to the one for which
application is made;
(3) The character of the applicant and any person with a direct or indirect interest in the
business.
(c) If the chief of police ascertains that the applicant or any person with a direct or indirect
interest in the business has a criminal record, or has falsified the application, it shall be the duty
of the chief of police to report such matters at the earliest possible date to the council with his
recommendation regarding issuance or denial of the certificate.
(d) The chief of police shall report to the council regarding the results of the investigation
conducted pursuant to this section, within sixty (60) days from the date of receipt of a complete
application, and shall include in his report a recommendation to deny or approve the said
certificate and the specific reasons for that recommendation. Said report shall be considered by
the Council in reaching a decision to issue or not to issue a certificate.
6.72.060 Certificates-Application denial-Suspension, revocation-Number reduction.
(a) The council shall approve, conditionally approve or deny owners' applications by
resolution and shall deny any such application, if in its sole discretion, it determines any of the
following:
(1) The proposed operation will be undesirable or inadequate to the city's needs;
(2) The public convenience and necessity do not require the proposed service;
(3) The vehicle(s) proposed to be operated is/are inadequate or unsafe;
(4) The applicant has been convicted of a felony or the violation of a narcotic law or of any
penal law involving moral turpitude, or has had a similar certificate revoked in any city, county
or state for just cause;
(5) The proposed color scheme or characteristic insignia will tend to confuse the identification
of the vehicles proposed to be operated with those of another owner operating in the city;
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(6) The owner is not in compliance with the provisions of Section 6.72.090 herein.
(b) The council may, by resolution, and after ten days' written notice to an owner, suspend or
revoke a Certificate for any of the grounds for which it may deny an application and, in addition
thereto, it may suspend or revoke any Certificate for a violation of any of the provisions of this
chapter, or for a failure to pay any fees or business license tax due or judgment for damages
arising from the operation of the vehicles, or any of them, for which the certificate was issued.
(c) The council may at any time, and after a public hearing, by resolution, determine that the
number of certificates for taxicabs, buses or rent cars, should be reduced or increased and
provide for such reduction or increase.
6.72.070 Issuance of certificate.
(a) Upon the council's approval or conditional approval of an owner's application for a
Certificate, the owner shall inform the chief planner of the location at which the business is
proposed to be operated. If the chief planner determines that a use permit or other land use
approval is required for the business to operate at said location, no Certificate shall be issued
unless and until such land use approvals have been obtained by the owner.
(b) Prior to the issuance of a Certificate, business license fees shall be paid in accordance with
the applicable provisions of sections 6.04 through 6.16.
6.72.080 Additions and substitutions.
(a) Any owner holding a certificate to operate one or more taxicabs, buses or rent cars as
provided in this chapter, who desires to add to the number of such vehicles shall do so only upon
obtaining from the council permission therefore, which shall be granted only upon application
made and processed in the same manner as required in this chapter to obtain the original
certificate.
(b) Any owner holding a certificate to operate one or more taxicabs, buses or rent cars, as
provided in this chapter, who desires to substitute a different vehicle for a vehicle operated under
such certificate, may do so upon obtaining permission from the police chief, which permission
shall not unreasonably be withheld.
6.72.090 Ability to respond in damages required.
It is unlawful to drive or operate, or cause or permit to be driven or operated, any taxicab, bus or
rent car in the city, unless the owner thereof has obtained and maintains, ability to respond in
damages resulting from the ownership or operation of the vehicle as required by Vehicle Code
Section 16500 and following, as amended from time to time, or successor legislation and
regulations lawfully adopted pursuant thereto.
6.72.100 Insurance Required
It shall be unlawful to drive or operate any taxicab in the city unless the owner possesses current,
valid commercial general liability and vehicle liability in amounts and with conditions acceptable
to the city and evidenced through certificates of insurance filed with the City Clerk. The owner's
insurance shall remain in full force, at a level be at least equal to the minimum requirements of
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the city, or the owner's permit shall be automatically suspended until such time as full
compliance with the requirements of this section are demonstrated to the city's satisfaction.
6.72.110 Advertisement Regulations
Pursuant to California Government Code section 53075.9, every taxicab transportation service
shall include the number of its certificate, license, or permit in every written or oral
advertisement of the services it offers.
For purposes of this subdivision, "advertisement" includes, but is not limited to, the issuance of
any card, sign, or device to any person, the causing, permitting, or allowing the placement of any
sign or marking on or in any building or structure, or in any media form, including newspaper,
magazine, radiowave, satellite signal, or any electronic transmission, or in any directory
soliciting taxicab transportation services subject to this chapter. A violation of this section
triggers the fine set forth in section 6.72.400 of this code.
6.72.120 Driver's permit-Required.
(a) It is unlawful for any person to operate a vehicle for hire in the city unless he first
possesses a valid driver's permit to do so as provided herein.
6.72.130 Driver's permit-Application.
(a) An application for a driver's permit shall be submitted in writing to the chief of
police, shall be duly certified under oath, and shall be accompanied by a receipt from the director
of finance stating that the applicant has paid anon-refundable processing fee in the amount set
forth in the Master Fee Schedule of the city adopted by resolution of the city council.
(b) Each driver's permit application shall include:
(1) The name, address, telephone number, date of birth, height, weight and
identifying marks of the applicant.
(2) The applicant's California Driver's License Number.
(3) Two recent photographs of the applicant (one and one-half inch square).
(4) A complete set of fingerprints (to be taken by the South San Francisco Police
Department).
(5) The name, address and telephone number of the applicant's current or prospective
employer.
(6) The signature of the applicant's current or prospective employer, endorsing the
application and certifying that:
A. The signatory is in fact, the applicant's current or prospective employer, and
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B. That the applicant's has demonstrated to the signatory that the applicant has a
proficient knowledge of the traffic laws of the city and of the State and has demonstrated his
ability to operate the type of vehicle for which application is made.
(7) The name, address anal telephone number of each of the applicant's employers
during the preceding period of three years.
(8) Whether or not the applicant has had a permit, similar to that for which
application is made, revoked, suspended, or denied by any other jurisdiction..
6.72.140 Driver's permit-Grounds for denial.
Upon receipt of an application for a driver's permit the Chief of police shall conduct an
investigation of the applicant, and on the basis of such investigation, shall either approve or deny
the permit application. No permit shall be issued to any of the following persons:
(a) Any person under the age of 21 years.
(b) Any person with physical or mental infirmities or deficiencies, or addiction to the
use of alcohol or any controlled substance, which, in the sound discretion of the chief of police,
might render such applicant unfit to safely operate a taxicab, bus or rent car.
(c) Any person convicted ofhit-and-run driving, reckless driving, driving a vehicle while
under the influence of intoxicating liquor and/or any drug within two years of the application, or
any person found guilty of or been convicted of four or more moving traffic violations within
two years of the date of application.
(d) Any person not possessing a valid state of California driver's license of the class
required by state law for the operation of a taxicab.
(e) Any person with. a permit application containing fraudulent or misleading statements
or omissions of facts.
(f) Any person who is not able to demonstrate either proficient knowledge of the traffic
laws of the State of California and the city, or of the streets of the city, or the ability to read,
understand, and communicate in English.
(g) Any person who is not qualified or able to safely operate a taxicab in accordance
with the laws of the State of California and the requirements of this chapter.
The restrictions in this section shall apply both to persons seeking driver's permits and to persons
possessing permits and seeking renewal of such permits.
Any applicant may contest denial through the process set forth in section 6.72.390 of this code.
6.72.150 Driver's permit-Contents, posting.
(a) Every driver's permit issued hereunder shall set forth the name of the owner for
whom the driver is authorized to operate a taxicab, bus or rent car.
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(b) Every driver's permit shall be posted in a place conspicuous from the passenger's
compartment of the taxicab, bus or rent car while the driver is operating same.
6.72.160 Driver's permits not transferable.
(a) A driver's permit shall be valid only as long as the permittee continues in the
employ of the employer who endorsed his application. Upon termination of such employment or
upon suspension or revocation of the employer's Certificate of Convenience and Necessity, the
driver shall forthwith surrender his driver's permit to the chief of police.
(b) Driver's permit(s) shall not be transferable in any event.
(c) Upon the termination of the employment of any driver, the owner for whom such
driver had been working shall immediately give the chief of police written notification of such
termination.
6.72.170 Driver's permits-Term.
Driver's permits issued under this chapter shall be issued for a period not exceeding two years.
Driver's permits are also void upon termination of taxicab driver's employment with the owner
listed on the permit. Each driver shall return the permit to the chief of police upon such
termination. The owner shall notify the chief of police within 10 days whenever a driver's
employment is terminated.
Upon expiration of the driver's permit, the driver shall reapply with updated information, as
required in Section 6.72.130.
6.72.180 Suspension or revocation.
(a) The chief of police shall have the power to suspend or revoke any driver's permit
issued hereunder for any of the reasons for which an application for such a permit maybe denied
or if the holder thereof is found guilty by any court of reckless driving, driving while intoxicated,
or the violation of any other law while engaged in the scope of his/her employment that the chief
of police believes necessitates suspension or revocation. in order to protect the health and safety
of the community.
(b) The chief of police shall in writing forthwith report any such suspension or
revocation to the city manager, stating the reasons for such action.
(c) The city manager may affirm or reverse, in whole or in part, any such order on a
written appeal filed with the city manager by the driver within ten (10) days from the date of any
such order.
(d) In the event of such suspension or revocation of a driver's permit, such permit
shall be, by the holder thereof, forthwith surrendered to the chief of police.
(e) Any owner or driver whose permit has been suspended or revoked may request a
hearing to contest this suspension or revocation pursuant to the procedure set forth in section
6.72.390. During the appeal process, it is unlawful for the owner or driver to operate the taxicab
unless the city manager grants a temporary permit for the time period of the appeal.
6.72.190 Mandatory Controlled Substance and Alcohol Testing Program
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(a) Each taxicab driver shall test negative for each of the controlled substances specified
in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations,
before employment and as a condition of the driver's permit issuance and renewal. As used in
this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol
concentration of less than 0.02 percent.
(b) Testing procedures shall be substantially as in Part 40 (commencing with Section
40.1) of Title 49 of the Code of Federal Regulations, except that each driver shall show a valid
California driver's license at the time and place of testing, the testing must be conducted by a
program and/or laboratory approved by the police chief, and except as provided otherwise in this
section. Requirements for rehabilitation and return-to-duty and follow-up testing and other
requirements, except as provided otherwise in this section, shall be substantially as in Part 382
(commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(c) A test in one jurisdiction shall be accepted as meeting the same requirement in the city
or in any other jurisdiction. Any negative test result shall be accepted for one (1) year as
meeting a requirement for periodic permit renewal testing or any other periodic testing in the city
or any other jurisdiction, if the driver has not tested positive subsequent to a negative result.
However, an earlier negative result shall not be accepted as meeting the pre-employment testing
requirement for any subsequent employment, or any testing requirements under the program
other than periodic testing.
(d) All test results shall be reported directly to the chief of police, and the chief of police
shall notify the taxicab leasing company of record, if any, of positive results. In all other cases,
the results shall be reported directly to the driver's employer, who shall immediately notify the
chief of police of the results.
(e) All tests are confidential and shall not be released without the consent of the driver,
except as authorized or required by law.
(f) Self-employed independent drivers shall be responsible for compliance with, and shall
pay all costs of, this program with regard to themselves. In all other cases, taxicab owners shall
be responsible for compliance with, and shall pay all costs of, this program with respect to their
employees and potential employees, except that an employer may require employees who test
positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.
(g) Taxicab owners, employers and self-employed independent drivers shall pay all
service charges, fees, and assessments established by the city with respect to the owner's
employees and potential employees in an amount sufficient to pay for the city's costs of carrying
out the mandates of this section.
(h) No evidence derived from a positive test result pursuant to the program shall be
admissible in a criminal prosecution concerning unlawful possession, sale or distribution of
controlled substances.
(i) For purposes of this section, "employment" includes self-employment as an
independent driver or owner of a taxicab.
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6.72.200 Taximeter-Requirements.
(a) It is unlawful for any driver or owner to operate or permit the operation of any
taxicab in the city unless such vehicle is equipped with a taximeter of such type, style and design
as maybe approved by the chief of police.
(b) It is the duty of every owner to keep each taximeter in such a working condition
that the taximeter will, at all. times, correctly and accurately indicate the legal charge for the
distance traveled and waiting time.
(c) Each taximeter shall be at all times subject to inspection by the chief of police,
and the chief of police is authorized at his instance or upon complaint of any person to
investigate or cause to be investigated such taximeter, and upon the discovery of any inaccuracy
in the meter, to remove or cause to be removed such vehicle equipped with such taximeter from
the streets of the city until such time as the taximeter has been correctly adjusted. All taximeters
must be inspected annually by the San Mateo County Department of Agriculture, Weights &
Measures.
6.72.210 Flag requirements.
(a) Every taximeter shall register the charge to the nearest ten cents and be equipped
with a flag or other mechanical device with the words "for hire" printed or stamped thereon.
(b) The flag shall be so attached and connected to the mechanism of the taximeter as
to cause the mechanism to operate when the flag is in a position other than upright and indicates
that the taxicab is not for hire.
(c) The flag shall, when moved forward or downward, start the operation of the
taximeter so that the same will operate in the manner defined in this chapter.
6.72.220 Flag position restriction.
(a) It is unlawful for any driver of a taxicab, while carrying passengers, to display the
flag or device attached to such taximeter in such a position as to denote that such vehicle is for
hire, or is not employed, or to have such flag or other attached device in such a position as to
prevent the taximeter from operating.
(b) It is unlawful for any driver to position such flag or other device of a taximeter in
a manner that causes the taximeter to record when such vehicle is not actually employed or to
fail to move the flag or other device on such taximeter into a nonrecording position at the
termination of each and every service.
6.72.230 Basis of charges.
(a) All charges for transportation of passengers in taxicabs operated in the city must
be based on the charges indicated on the taximeters and it is unlawful for any owner, driver or
operator of any taxicab to charge any passenger or passengers any sum in excess of the sum
indicated on the taximeter.
6.72.240 Taximeter-Placement.
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(s) riding in such
taxicab.
6.72.250 Posting of fares.
There shall be displayed in the passenger compartment of each taxicab and rent car, in
full view of the passenger, a card not less than two inches by four inches in size which shall have
plainly printed thereon the name of the owner, or the fictitious name under which the owner
operates, the business address and telephone number of the owner, and a correct schedule of the
rates to be charged for conveyance in the vehicle.
6.72.260 Rate schedule.
The rates fixed or charged or collected by the owner or driver of any taxicab, except for
trips to or from points outside of the city where the charge is fixed on a trip basis, shall be
established by resolution of the Council and maybe revised from time to time.
6.72.270 Keeping of records required
(a) The driver of each taxicab shall keep a separate trip sheet of every service rendered by
the driver. This sheet shall include the following information: (1) the location where the
passenger(s) entered the taxicab; (2) the number of passengers; (3) the time the passengers
entered the taxicab; (4) the location where the passengers were discharged; and (5) the amount of
fare collected.
(b) The owner of every taxicab shall keep such trip sheets in the business office for a
period of one (1) year after the date service is rendered, and the trip sheets shall be open and
available for inspection by any representative of the chief of police at all times during business
hours. The falsification of any trip sheet by any owner or driver shall be grounds for revocation
of his or her permit.
(c) The owner of every taxicab business, including self-employed drivers, shall keep a
dispatch sheet which shows the time of dispatch of every taxicab and a complete and accurate
record of all drivers, which includes each employees name, address, date of hire, date of
termination, the number of the taxicab operated by the driver, the hours of employment for each
driver, a list of absences from employment, and all motor vehicle violations, all traffic accidents,
all complaints received from passengers or others, and the test results from controlled substance
and alcohol testing. These records shall be subject to inspection by the chief of police or his or
her designee and shall not be destroyed without the written permission of the chief of police.
6.72.280 Inspection of books and records.
(a) The owner shall, upon written request to the chief of police or director of finance,
deliver to the director of finance all of his books and records pertaining to the operation of
taxicabs, buses or rent cars for a period of twelve (12) calendar months, next preceding the date
of such request, for inspection by the city auditor.
(b) Unless such books and records are delivered to the director of finance within
fifteen days from the date of such request, the Certificate of Convenience and Necessity and all
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other permits of the owner and drivers shall be suspended on the sixteenth day from the date of
such request, until the books and records are delivered or such Certificates and/or permits are
revoked, whichever is sooner.
6.72.290 Taxicab, bus or rent car stands.
(a) The council may, by resolution, locate and designate taxicab, bus or rent car
stands, which stands when so established shall be appropriately designated, "taxis only," "buses
only" or "rent cars only," as the case maybe.
(b) Taxicab or rent car stands established hereunder shall be in operation twenty-four
hours of every day.
6.72.300 Maintenance and operating regulations generally.
(a) Before a Certificate of Convenience and Necessity is issued to any owner, the
vehicle for which such certificate is requested, shall be delivered to a place designated by the
chief of police for inspection, and the chief of police shall designate agents to inspect such
vehicles, their equipment and taximeters (in the case of taxicabs) to ascertain whether such
vehicles and equipment comply with the provisions of this chapter.
(b) All vehicles for hire not being actually operated by a driver then on duty shall be
stored entirely within an enclosed building, or buildings, unless the premises on which said
vehicles are stored is enclosed by a neat appearing solid, firm and substantial nontransparent
fence or wall, not less than six feet in height, and constructed by brick, concrete, wood, stone or
metal, or a combination of such materials or of any similar, durable substance.
(c) As provided by Vehicle Code Section 21702(a), no driver shall drive upon any
highway any vehicle for hire for more than ten (10) consecutive hours nor for more than ten (10)
hours spread over a total of fifteen consecutive hours (15). Thereafter, such person shall not
drive any such vehicle until eight (8) consecutive hours have passed.
6.72.310 Police authority to inspect.
The chief of police, or any member of the police department under his direction, shall
have the right, at any time after displaying proper identification, to enter into or upon any vehicle
for hire for the purpose of ascertaining whether or not any of the provisions of this chapter are
being violated. During the inspection, the driver must produce for inspection the following
records: (1) a valid California vehicle registration; (2) valid proof of insurance documents; and
(3) a valid California driver's license.
6.72.320 Vehicle in improper condition.
Any vehicle for hire which is found, after any such inspection, to be unsafe, or in any
way unsuitable for taxicab, bus or rent car service shall be immediately ordered out of service,
and before again being placed in service, shall be placed in a safe and proper working condition.
6.72.330 Cleanliness required.
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The interior of every vehicle for hire shall be thoroughly cleaned at least once in every
twenty-four hours, and all property of value left in any such vehicle by a passenger shall
immediately be reported by the owner thereof to the chief of police.
6.72.340 Direct route required.
Any driver employed to transport passengers to a definite point shall take the most direct
route possible that will carry the passenger to his destination safely and expeditiously.
6.72.350 Receipt for payment. Every driver shall, if requested, give a correct receipt upon
payment of a fare.
6.72.360 Rate determination. The rates fixed or charged or collected by the owner or
driver of any taxicab except for trips to or from points outside of the city, where the charge is
fixed on a trip basis, shall be determined by the Council and shall not exceed that rate without
prior approval of the Council.
6.72.370 Correct number of passengers.
No driver of any vehicle for hire shall accept, take into his vehicle or transport any larger
number of passengers than the rated seating capacity of his vehicle.
6.72.380 Investigation of Complaints
(a) The chief of police or his or her designee shall be responsible for maintaining files of
and investigating complaints that warrant an investigation of businesses that advertise or operate
taxicab transportation services for hire. The chief of police shall initiate appropriate action
against taxicab drivers and owners when a complaint or complaints warrant such action.
(b) Pursuant to this investigation, the chief of police shall:
(1) Determine which businesses, if any, are required to have in effect a valid
taxicab certificate, license, or permit as required by ordinance, but do not have
that valid authority to operate.
(2) Inform any business not having valid authority to operate that it is in violation
of law.
(3) Within 60 days of informing the business pursuant to paragraph (2), institute
civil or criminal proceedings, or both, pursuant to the governing municipal code
or other authority of jurisdiction.
(c) The chief of police shall also adopt criteria establishing the type of information that,
when contained in a complaint, is sufficient to warrant an investigation pursuant to Government
Code section 53075.7 to investigate complaints of unauthorized taxicab operations. These
operating procedures shall be in writing and may be revised from time to time by the chief of
police.
6.72.390 Hearing Procedure
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(a) Hearing Request. Any owner or driver may request a hearing to contest any action of the
Police Chief to suspend, revoke or deny a permit required under this chapter to turn in a
"Request for Hearing Form" and a processing fee of $150 to the city clerk within fifteen (15)
days from the date of the permit suspension, revocation or denial. The processing fee may be
amended by the council from time to time. Failure to pay the fee shall result in postponement of
the hearing until the fee is waived or a waiver is obtained.
(b) City-instituted hearing. The hearing officer, or his or her designee, may institute
administrative proceedings to determine if the unauthorized operation of a taxicab has occurred.
Notice of the initiation of this administrative proceeding will be sent to the owner and/or driver
of the taxicab at least ten calendar days before the hearing date. Failure of the owner and/or
driver of the taxicab to attend the hearing shall constitute a failure to exhaust administrative
remedies. (c) Hearing Date. A hearing conducted pursuant to this section shall be set for a date
not less than fifteen (15) days nor more than sixty (60) days from the date that the city clerk
received a request for hearing or a notice of appeal or from the date that the hearing officer, or
his or her designee instituted administrative proceedings.
(d) Service. Notice of a hearing conducted pursuant to this section will be served by registered
or certified U.S. mail to the address on the most recent permit or permit renewal. The failure for
any person, owner or driver to receive the notice shall not affect the validity of any enforcement
proceedings pursuant to this chapter.
(e) Hearing. Any hearing conducted according to this section shall provide a full opportunity for
the person or persons to be heard by the hearing officer. At the time of the hearing, the hearing
officer shall conduct a hearing and consider any written or oral evidence regarding the issue of
the hearing presented by the owner, driver, an interested party, and any officer or agent of the
city. After receiving all evidence presented, the public portion of the hearing shall be closed.
The hearing officer then may consider what action(s), if any, should be taken. The failure of any
person to appear at a hearing under this section shall constitute a failure by such party to exhaust
his/her/their administrative remedies, and a waiver of the same.
(f) Decision. Within ten (10) days following the conclusion of the hearing, the hearing officer
shall issue written findings and make a determination. regarding the existence of the violation(s).
The hearing officer shall serve the order in the manner set forth in subsection (d), above. If the
hearing officer finds by a preponderance of the evidence that a violation occurred, that the
violation was not corrected within the specified time period, or that the suspension, revocation or
denial of the permit was justified, the hearing officer shall issue an order setting forth his or her
findings, ordering the violator to correct any condition(s), any administrative fines or penalties as
set forth below, an order allowing for recovery of administrative costs, including costs incurred
by the city in connection with the proceeding, attorneys' fees, costs of investigation, staffing
costs incurred in preparation for the hearing and for the hearing itself, and the cost of an re-
inspection necessary to enforce the order.
6.72.400 Penalty for violation: Misdemeanor, Impoundment, Fine and/or Suspension
(a) Any person violating any of the provisions of this chapter is guilty of a misdemeanor
and upon conviction such person shall be punished as provided in chapter 1.24 of this code.
(b) A transportation inspector, authorized by the city, may cite any person for operating
as a taxicab without a driver's permit and impound and retain possession of any vehicle used in
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violation of this chapter. If the car is seized from someone who is not the owners, the city must
immediately give the owner notice via first class mail.
The vehicle must be returned if:
i) the infraction or violation is not prosecuted or is dismissed,
ii) the owner is found not guilty
iii) or the vehicle was used without knowledge or consent of the owner.
In the absence any of the circumstances set forth above, the return of the vehicle is
contingent upon payment of acourt-imposed fine. After six weeks from the final disposition of
the criminal case, the vehicle will be treated as lost or abandoned property under Section 1411 of
the California Penal Code.
At any time a person may make a motion for return of the car based on a good cause.
Excluded from this subsection are vehicles owned or operated by a 501(c)(3) nonprofit
organization which serves youth or senior citizens and provides transportation incidental to its
programs or services.
(c) If the hearing officer finds, after a hearing as prescribed by section 6.72.390 of this
code, that any owner or driver is operating or driving a taxicab transportation service without a
valid certificate, license, or permit or that an owner or driver fails to include a valid permit
number in any written or oral advertisement as required by section 6.72.110 and Government
Code section 53075.9, then the city may impose a fine, not more than one thousand dollars
($1,000) for each violation, sufficient to cover the reasonable expense of investigation incurred
by the city. The city may assess interest which will commence on the day the payment of the
fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be
deposited at least once each month in a fund established for the purpose of enforcing the
provisions of this section.
(d) The city may also, after a hearing process set forth in section 6.72.390, take
enforcement action to disconnect telephone service of unauthorized taxicab owners who
unlawfully advertise passenger transportation services in yellow page directories and other
publications or if the taxicab has operated within the city's jurisdiction in violation of this
chapter. The city will follow notice and protest procedures set forth in Government Code
section 53075.8.
6.72.410 Appeals from Decision of Hearing Officer.
An owner, operator or driver may bring an appeal regarding a decision of a hearing officer to the
council by filing a notice of appeal with the city clerk within fifteen (15) days of the serving or
mailing of the hearing officer determination and order. The findings of the Council shall be
conclusive and served upon the owner, operator or driver as the notice of hearing was served..
SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is
held invalid or unconstitutional, the remainder of this Ordinance, including the application of
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such part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, provisions of this Ordinance are severable. The
City Council of the City of South San Francisco hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance
shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at
which this Ordinance is scheduled to be adopted, the City Clerk shall (a) publish the summary,
and (2) post in the City Clerk's office a certified copy of this Ordinance. Within fifteen (15) days
after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in
the City Clerk's office a certified copy of the full text of this Ordinance along with the names of
those City Council members voting for and against this Ordinance or otherwise voting. This
Ordinance shall become effective thirty (30) days after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 13th day of January, 2010.
Adopted as an Ordinance of the City of South. Francisco at a regular meeting of the City
Council held the 27th day of January, 2010 by the following vote:
AYES: Councilmembers Pedro Gonzalez, Richard A Garbarino, and Karyl Matsumoto,
Vice Mayor Kevin Mullin and Mayor Mark Addie~o
NOES: None
ABSTAIN: N
ABSENT:
ATTEST: ~ _
y erk
As Mayor of the City of South San Francisco, do here pprove t~e foregoing
Ordinance this 27th day of January, 2010. ,, :~~ ,~ ;~ f
./ .t ~J ~~ ~.fr / '
ego,
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