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ORDINANCE NO. Sq
AN ORDINANCE Or THE CITY COUNCIL OF
THE CITY OF PALL DESERT, CALIFORNIA,
REGULATING TAXICABS AND RENT CARS.
The City Council of the City of Palm Desert, California,
DOES HERESY ORDAIN as followse
SECTION is Definitions.
For the purposes of this ordinance, certain words and
phrases used herein are defined as follows:
(a) "Driver" shall mean every person in charge of or
operating ary taxicab or rent car, either as agent, employee,
or otherwise, under the direction of the owner or as owner.
(b) "Cwner" shall mean every person having use or
control of any taxicab or rent car, whether as owner, lessee,
or otherwise.
(c) "Person" shall mean any individual, partnership,
association, corporation, or other organization owning,
operating, or proposing to operate any taxicab or rent car
in the City.
(d) "Rent car" shall mean every automobile or motor -
propelled vehicle, excluding taxicabs, operated at rates per
hour and not equipped with a taximeter, used for the transpor-
tation of passengers for hire over the public streets of the
City and not over a defined route, 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 a passenger or of a person hiring the same.
(e) "Street" shall mean any place commonly used for
the purpose of public travel.
(f) "Taxicab" shall mean every automobile or motor -
propelled vehicle operated at rates per mile or for wait -
time, or for both, and equipped with a taximeter, used for
the transportation of passengers for hire over the public
streets of pie City and not over a defined route, 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 a passenger or of a person hiring the
same.
(g) "Taximeter" shall mean any mechanical instrument,
instrument, appliance, device, or machine by which the
charge for hire of a passenger -carrying vehicle is mechanically
calculated, either for distance traveled or time consumed,
or both, and upon which instrument, appliance, device, or
machine such charge is indicated by figures.
SECTION 2. Owner's permit.
It shall be unlawful to operate any taxicab or rent car
business in the City unless the owner thereof shall apply
for and obtain a permit to do so, which permit shall be
applied for, granted, and in effect, all in compliance with
the provisions of this ordinance.
RESCINDED AMENDED
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SECTION 3. Owner's permits Application.
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The application for an owner's permit shall be in
writing, duly certified under oath, and shall be filed with
the City Manager. Each application shall set forth the
following information:
(a) The name and address of the applicant;
(b) The names and addresses of all directors and
officers, if the applicant'is a corporation, and the names
and addresses of any persons owning more than twenty (201)
percent of the voting stock of any applicant corporation;
(c) The location of all taxicab or rent car stands
requested;
(d) The number of vehicles actually owned and the
number of vehicles actually operated by the owner on th,
date of application;
(e) The number of vehicles for which permission to
operate in the City is desired;
(f) The make, type, year of manufacture, passenger
seating capacity, and a statement of condition of each
taxicab or rent car desired to be operated within the City;
• (g) The schedule of rates proposed to be charged;
(h) The make and type of taximeter intended to be
installed on each taxicab;
(i) A description of the proposed color scheme, insignia,
trade style, and/or any other distinguishing characteristics
of the proposed taxicab or rent car design;
(j) The applicant's estimate of the need of additional
taxicab or rent car service, supported by factual data;
(k) Such other information as the Council may, in its
discretion, require;
(1) The applicant shall provide his fingerprints in
the manner prescribe'. by the Chief of Police; and
(m) An application fee in the amount of Twenty and
no/100ths ($20.00) Dollars shall accompany each application
for an owner's permit to cover the cost of processing the application
SECTION 4. Owner's permits Investigation and report.
No permit shall be granted within forty (40) days after
the date of filing the application with the City Manager.
The City Manager shall cause an investigation to be
made and shall, within thirty (30) days of the filing of a
complete application, unless delayed by the applicant,
report his findings to the Council. The report shall include
the following informations
(a) The results of an investigation by the Chief of
Police as to:
. page 2.
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(1) Whether or not any substantial moral or
physical deficiencies were discovered which would
render the applicant not competent to operate a taxi-
cab or rent cars
(2) Whether or not the applicant has ever been
convicted of a felony or the violation of a narcotic
law or of any penal law involving moral turpitude, or
during the previous sixty (60) days has been convicted
of any law relating to traffic or the use of streets in
the City; and
(3) Whether or not there were found any falsi-
fications on the applications
(b) The adequacy of the existing taxicab or rent car
services
(c) The financial responsibility and experience of the
applicants
(d) The effect which additional taxicab or rent car
service may have upon traffic and parking within the City;
(e) A verification of the matters contained in the
aplications and
(f) Such other relevant facts as the Council may deem
advisable or necessary.
SECTION 5. Hearings.
Upon the filing of an application for a permit to
operate a taxicab or rent car business, the Council shall
fix a time and place for a public hearing thereon. At least
ten (10) days' written notice of the time and place set for
public hearing shall be given to the applicant and to all
permittees hereunder. Notice shall also be given the general
public by publication once in a newspaper of general circu-
lation published within the City. Any interested person may
file with the City Manager a memorandum in support of or in
opposition to the issuance of the applied for permit.
SECTION 6. .ssuance.
The Council shall make a finding as to whether the
public convenience and necessity requires, or does not
require, additional taxicab or rent car service at the
conclusion of the public hearing or at a later date determined
by it to be necessary for further study. The Council, in
making its finding, shall consider the City Manager's report
and recommendation, the factual matters as.verified in the
application, the memoranda or other written materials on
file, the matters elicited in the public hearing, and its
own investigation of the subject matter. The Council shall
also determine if the applicant is competent to operate a
taxicab or rent car business based upon the investigation of
the Chief of Police as to the applicant's character.
SECTION 7. Duration of permits Existing permitso
Annual license.
Every owner's permit issued pursuant to the provisions
of this ordinance shall be for a period of one year from the
date of issue by the Council, subject to revocation in the
Page 3.
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wanner prescribed in this ordinance and to renewal, unless
determined otherwise by the Council at its sole discretion,
upon the payment of the annual business license fees in
accordance with the then prevailing schedule of such fees.
The first permit shall be for a term of the balance of the
City's fiscal year, and thereafter annual permits shall be
issued for the period from July 1st through June 30th.
SECTION S. Transfer of title to service.
Whenever an owner sells or transfers title to a
taxicab or rent car for which a certificate has been
granted and within thirty (30) days after such sale or
transfer purchases other taxicags or rent cars, the
Council shall, as a matter of right, upon written
application to the Council within thirty (30) days of
such purchase, issue new permits for the operation of
no greater number of taxicabs or rent cars than those
sold or transferred, provided the owner has complied
with all the provisions of this ordinance.
SECTION 9. Destruction of taxicabs.
Any owner whose permitted taxicabs or rent cars
have been destroyed, as a matter of right, upon written
application to the Council within thirty (30) days after
such destruction, shall be issued a new permit, upon
• satisfactory evidence presented to the Council of such
destruction, provided the owner has complied with all
the provisions of this ordinance.
SECTION 10. Owner's permit: Suspension or revocation.
The Council may, by resolution, and after ten (10)
days' written notice to the owner and a public hearing
at a regular meeting thereof following such notice,
suspend or revoke an owner's permit for any grounds it
might deny such permit as set forth in Section 6 of this
ordinance, or in the event of a violation of any provi-
sions of this chapter, or the failure to pay any judgment
for damages arising from the operation of the vehicles or
any of them, for which such permit was issued, or that
the public convenience and necessity would be best served
by such revocation or suspension of the owner's permit or
any taxicab or rent car operated by such owner.
SECTION 11. Suspension of permit.
The City Manager may suspend any permit to operate
A. taxicab or rent car business or any taxicab or rent car,
for a period not to exceed two (2) weeks, in the event he
determines that the public safety and welfare would be
benefited thereby and where mechanical or operational
corrections cannot be immediately made to comply with the
provisions of this ordinance. The Council shall affirm
or overrule the action of the City Manager at its next
regular meeting. In the event the action is affirmed, a
hearing shall be set in the manner :squired to revoke permits
hereunder, and, pending the Council's determination following
that hearing, the affected permit shall remain suspended.
SECTICN 12. Submittal of driver information by owner.
In addition to obtaining an owner's permit as provided
in this ordinance, the owner shall submit to the Chief of
Police the following information concerning the drivers
employed by him:
Page 4.
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(a) The name, current residential address of the
driver, and his age;
(b) The number of driver's current California
chauffeur's license;
(c) A recent fingerprint record; and
(d) A recent photograph, size one and one-half (1%")
inches by one and one-half (14") inches.
It shall be the duty of the Chief of Police to
investigate the background of each driver and inform the
owner if the driver has been convicted of a felony, or the
violation of any narcotic law, or any law involving moral
turpitude, and which conviction or convictions, would, in
the judgment of the Chief of Police, renaer such driver
not a competent person to operate a public motor vehicle
in the City. If, after being informed by the Chief of
Police that a driver is not a competent person to operate
a public motor vehicle, the owner continues to employ him
in such capacity, the owner's permit tray be subject to
revocation pursuant to the provisions of Section 10 of
this ordinance.
Each time the owner hires a new driver, the owner shall
submit the information required by the provisions of this
section to the Chief of Police. The owner shall also notify
the Chief of Police when a driver leaves his employment.
A driver's clearance fee of twenty-five ($25.00) dollars
shall accompany each request for driver investigation.
SECTION 12. Operating reulations.
(a) Direct route. Any driver employed to transport
passengers to a defiiiite point shall take the most direct
route possible which will carry the passenger to his desti-
nation safely and expeditiously.
(b) Receipts. Every driver, upon request, shall give
a correct receupon payment of the correct fare.
(c) Refusal to pay fare. It shall be unlawful for any
person to =effuse to pay the lawful fare of any of the
vehicles regulated by this ordinance after employing or
hiring such vehicle, and any person so doing shall be
guilty of a misdemeanor.
(d) Number of assen era. No driver of any taxicab or
rent car shall accept, take into his vehicle, or transport
any larger number of passengers than the rated seating
capacity of his vehicle; provided, however, children under
twelve (12) years of age with an adult escort may be taken
in addition thereto.
(e) Found property. Property of value left in any
taxicab or rent car by a passenger.►shall be forthwith reported
by the owner of the licensed vehicle to the Chief of Police.
(f) Jbedience to safety officers. The driver of any
of the -eFrUes regu atea by this ordinance shall promptly
obey all orders or instructions of any police officer or
fireman.
(6) Rights of�assen ers. Any person engaging a taxicab
shall have the-ezclus ve right to the full use of the rear
seat of the taxicab. While so engaged, no owner or driver
shall solicit or carry additional passengers without obtaining
the consent of the person first engaging such vehicle.
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SECTION 14. Operating requirements.
(a) Taximeters.
(1) Required. It shall be unlawful for any owner
or driver to operate any taxicab in the City unless such
vehicle is equipped with a taximeter of such type, style,
and design as may be approved by the City Manager. It
shall be the duty of every owner operating a taxicab to
keep such taximeter in perfect condition so that such taxi-
meter will, at all times, correctly and accurately indicate
the correct charge for th,. distance traveled and waiting
time. Such taximeter shall be at all times subject to
inspecticn by any inspector appointed or by any police
officer. Such inspector or police officer is hereby
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
such taximeter, 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 shall have been
correctly adjusted.
(2)Fla S Every such taximeter shall register the
charge to the nearest ten (10C) cents and be equipped
with a flag or other mechanical device with the words
"For Hire" printed or stamped thereon, and such flag
shall be so attached and connected to the mechanism for
the taximeter as to cause such mechanism to operate
when the flag is in a position other than upright and
indicate that the taxicab is not for hire, and such 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 ordinance.
(3) Operation of flag. It shall be 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
such taximeter from operating, and it shall be unlawful
for any driver to throw such flag or other device of a
taximeter into a position which causes such taximeter
to record when such vehicle is not actually employed,
or to fail to throw such flag or other device on such
taximeter into a non -recording position at the termina-
tion of each and every service; provided, however, the
foregoing shall not apply to trips to or from points
outside the City when the charge is fixed on a trip
basis.
(4) Charges. All charges for the transportation
of passengers in taxicabs operated in the City shall be
based on the charges indicated on such taximeters, and
it shall be unlawful for any owner, driver, or operator
of any taxicab to charge any passenger any sum in
excess of the sum indicated on the taximeter; provided,
however, the foregoing shall not apply to trips to or
from points outside the City when the charge is fixed
on a trip basis.
(S) PlacingL of taximeter. The taximeter shall be
placed in t—Tie-eax ca so teat the reading dial showing
the amount to be charged shall be well lighted and
readily discernible by the passenger riding in such
taxicab unless such taximeter is equipped and operated
as a receipt -printing taximeter.
Page 6.
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i (b) Taxicab rent car rates. Prior to the operation of
any vehicle` under tthie provisions of this ordinance, the owner i
shall file with the City Clerk, in duplicate, a complete rate
schedule to be charged, and the City Clerk shall report to
the Council at its Next regular meeting the rate schedule so
filed. A changed rate schedule may be likewise filed from
time to time by the owner. Such rate schedule shall be
subject to modification at any time by resolution of the
} Council after ten (10) days' notice and an opportunity for
hearing before the Council. The minimum and maximum rates
or fares to be charged the public for taxicab service within
the City shall be so fixed and established. No person
operating, or in charge of, any taxicab or rent car within
the City shall charge, receive, or collect any different rate
or fare for such taxicab or rent car service than within such
prescribed limits. Upon the adoption of any such resolution,
the City Clerk shall immediately forward a certified copy
thereof to all permittees within the City, and with the Chief
of Police.
y K (c) Taxicab and rent car equipment and design.
(1) No vehicle shall, under the license to the
owner, be operated as a taxicab or rent car unless it
conforms with all of the provisions of this ordinance.
(2) Taximeters placed upon taxicabs, either in
the first operation or to replace broker or fault
meters, shall not be operated more than twenty-four
(24) hours pprior to being inspected, tested, approved,
and sealed by an authorized inspector appointed by the
Chief of Police.
(3) Each taxicab or rent car so licensed shall
have on both sides and the rear of the vehicle the name
of the owner, or name under which operated, the words
"Palm Desert". and the number assigned to such vehicle
by the License Collector. At the time of the issuance
of a license for the operation of any vehicle. the
License Collector shall assign to and for that vehicle
a number not in excess of the total number of licensed
vehicles, shall keep a record of the number so assigned,
and shall file a copy of such record with the Chief of
Police.
(4) Each taxicab or rent car licensed to operate
in the City► shall have located in a convenient place in
the driver s compartment. and in view of the passengers,
therein. two (2) containers of a type and design approved
by the Chief of Police. Such containers shall contain
cards provided by the Chief of Police bearing the
following information:
(aa) One such container shall have a card
therein bearing:
(i) The name of the company to which
the card is issued;
(ii) The identification number issued
for each individual taxicab or rent car
licensed to operate in the city;
(iii) The date of issuance and expiration; and
(iv) The State license plate number and engine
number of the taxicab or rent car displaying the same.
(bb) One such container shall bear the dirver's
Identification card.
Page 7.
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j (3) Any taxicab or rent car which is found, after
any such inspection, to be unsafe or in any way unauit-
able for taxicab or rent car service shall be immediately
1 ordered out of service and, before again being placed in
service, shall be placed in a safe condition, and the
owner shall furnish the Chief of Police with a certificate
from an approved auto mechanic or inspector stating that
the condition has been corrected and that the vehicle is
0 in an operative and safe condition.
(4) The interior of -every taxicab or rent car shall
be thoroughly cleaned at least once in every twenty-
four (24) hours.
(e) Taxicab or rent car stands. Permits may be issued
to the pe�ttee ereun era ow ni & such vehicles, while
awaiting employment, to stand in certain designated places
upon the street. No permit shall be granted except upon the
application of the person desiring such stand, filed with
the City Manager, stating the number and kind of vehicles
for which the permit is sought and the proposed location of
such stand. The City Manager may grant permits upon the
recommendation of the Technical Traffic Advisory Committee.
SECTION 15. Insurance requirements.
Before any owner's permit shall be issued, the owner
shall be required to file with the City Clerk, and thereafter
keep in full force and effect, a policy of insurance in such
form as the City Attorney may deem proper, executed by an
insurance company approved by the City Attorney. Such
policy of insurance shall insure the owner and the driver of
each of the vehicles operated, or to be operated, under the
owner's permit against liability for damage to property and
for injury to, or the death of, any person as a result of
the ownership, operation, or other use thereof. The minimum
liability limits upon each such vehicle shall be not less
than One Hundred Thousand and no/100ths ($100,000.00) Dollars
on account of personal injury to, or the death of, any one
person in any one accident and Three Hundred Thousand and
no/100ths ($300,000.00) Dollars on account of personal
injury to, or the death of, two (2) or more persons in any
one accident, and the minimum liability limits upon each
such vehicle shall be not less than Twenty -Five Thousand and
no/100ths ($25,000.00) Dollars for damage to, or the destruction
of, property in any one accident. All such policies shall
contain a provision for a continuing liability thereunder up
to the full amount of coverage thereof, notwithstanding any
recovery thereon, and that the City shall be held harmless
for all claims, demands, and actions of any type whatever
occasioned by the operation of the permittee's taxicab or
rent car business, and shall further contain a provision or
endorsement providing that such policy or bond will not be
cancelled until notice in writing shall be given to the City
of Palm Desert, addressed in care of the City Attorney, City
Hall, Palm Desert, California, at least thirty (30) days
immediately prior to the time such cancellation shall become
effective.
Pass S.
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SECTION 16. Publication
The City Clerk is hereby directed to cause this ordinance
to be posted in three public places, in accordance with
Resolution No. 74-17 of the City -of Palm Desert, and Section
36933 of the Goverment Code of the State of California.
PASSED, APPROVED and ADOPTED this 5th day of
December , 1974 by the following vote:
AYES: Aston; Denson; Brush; McPherson; Clark
NOES: None
ASSENT: None
ATTEST:
HARVEY L.�dUKLBWT,_ Cit-.4
City of Palm Desert, California
Paso 9.