ORD 603ORDINANCE NO. 603
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT
CALIFORNIA, ADDING CHAPTER 5.98 TO TITLE 5 OF THE PALM DESERT
MUNICIPAL CODE REGULATING TAXICABS, AS AN URGENCY ORDINANCE
IN ACCORDANCE WITH SECTION 36937(b) OF THE GOVERNMENT CODE.
WHEREAS, -. - - --i:...r--r.jt;on the citizens of Palm 0eSer�
h'jve u 1 e d `,j cab3 as an e�,s?ntial mo(Ie -;` t,-a _
a;pe i swho are not otherwise ab 1 e to
u,3e public transportation and/or their own transportation; and
WHEREAS, the actual loss of taxicab service within the City
would adversely impact public peace, health, and safety; and
WHEREAS, the Public Utilities Commission has threatened to
terminate taxicab service within the City immediately unless an
ordinance regulating such service within the City is enacted
immediately.
NOW, THEREFORE, the City Council of the City of Palm
Desert, California, in order to preserve the public peace,
health, and safety and in accordance with Section 36937(b) of
the Government Code DOES HEREBY ORDAIN as follows:
SECTION 1: Addition to Municipal Code:
Chapter 5.98 is hereby added to title 5 of the Palm Desert
Municipal Code as follows:
5.98.010 Definition. For the purpose of this chapter,
certain terms used herein are defined as follows:
A. Taxicab shall mean a vehicle operated at rates per
mile or for waiting time, or both, used for transportation of
passengers for hire with trips originating from points within
the city, or, if outside the city, regularly carries passengers
within the city streets, and such vehicles are in route as to
destination under the direction of a passenger or of a person
hiring the same.
B. Taxicab driver shall mean any person driving and in
immediate possession of a taxicab for the purpose of providing a
taxicab transportation service and may be an employee or an
independent operator.
C. Taxicab operator or business shall mean every person,
company, corporation, association or any other organizational
structure which purpose is to provide taxicab services in the
city.
CITY COUNCIL ORDINANCE NO. 603
D. Taximeter shall mean any mechanical instrument, device
or machine by which the charge for hire of a passenger -carrying
vehicle is mechanically calculated, either for distance travelled
or time consumed, or both, and upon which instrument, devise or
machine such charge is indicated by figures.
E. Top Light shall mean a dome light installed on the
roof of a taxicab vehicle to provide ready identification of
their for hire status.
5.98.020 Issuance of Taxicab Permit. It shall be unlawful
to operate any taxicab business in the City of Palm Desert
unless the taxicab operator thereof has applied for and obtained
a permit issued pursuant to the provisions of this chapter from
the director of code compliance. The permit fee required herein,
shall be in addition to any other license, permit or fee required
under any of the provision of the municipal code.
5.98.030 Term and Fee for Permit. Taxicab permit shall be
renewed annually and the permit fee shall be set forth by
resolution of the city council and amended as deemed necessary
by council.
5.98.040 Display of Business License Tax Vehicle Decal.
Taxicab operator shall be required to affix a business license
tax vehicle decal to the rear bumper of each taxicab vehicles
per Section 5.04.200(D) of the municipal code.
5.98.050 Regulations.
A. Each taxicab vehicle shall be equipped with a properly
operating taxicab meter and top light.
B. A rate card shall be posted in each vehicle, in full
view, stating the current rates being charged by the taxicab
operator. The city council shall regulate the rates anytime it
is deemed necessary by resolution.
C. No taxicab driver shall be employed by the taxicab
operator who does not have i n h i s/her possess i on at a l l t i mes a
valid and proper class of license issued by the State of
California.
D. The taxicab operator shall assure that all taxicab
drivers employed or used in carrying out their duties shall be
courteous, of good moral character, neatly dressed and groomed,
and knowledgeable of the City of Palm Desert's streets, addresses
and points of interest.
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CITY COUNCIL ORDINANCE NO. 603
E. The taxicab operator shall assure the exterior and
interior of each taxicab vehicle is maintained in an attractive
appearance.
c Taxicab operator 5ha11 assure that the taxicab vehicle
at all times, meets the requirements of Title 13 of the
California Administrative Code, as they now exist or as they may
hereafter be lawfully amended. No vehicle shall be operated
which reflect; any deficiency from Title 13 in the power train,
suspension, brakes, lighting system, signaling devices, or fuel
systems. In the event any such deficiency is detected, the
taxicab operator shall immediately remove such vehicle from
service until such clef i c i ency is corrected, and the permit
suspended per Section 5.98.090 of this chapter.
G. Taxicab operator shall operate all vehicles in
accordance with the laws of the State of California, municipal
codes of the City of Palm Desert, and/or any other applicable
law.
H. A taxicab operator shall not conduct his/her business
out of any residential zone of the city.
I. A taxicab operator upon request of the director of
code compliance shall respond within ten ( 10 ) days to anv
written compliant concerning transportation service.
J. The taxicab operator shall have the vehicle available
for inspection by the sheriff's department, and taximeter
available for inspection by the division of weight and measure,
when ordered to do so.
5. 98. 060 Insurance Requirements. B e f o r e a n y t a x i r_ a
permit shall be issued, the taxicab- opera -or shall F
�e _ )rr, ti11 7jn(-F-, and and keep i t f-;I I Force
d^C.: a pot i cy of i nsurar!(--e -, n su _h Fprm `. y
a}t;-)r r,ey may deem prop nr . S�jch policy sha 1 1 insure the taxicab
operator and taxicab driver of each taxicab vehicle operated, or
to be operated, under the taxicab permit against liability for
damage to property, and for injury to or the death of, any
person as a result the ownership, operation, or other use
thereof. The minimum liability limits shall not be less than
$750,000. All such policies shall contain a provision naming the
City of Palm Desert as additionally insured. The taxicab
operator shall hold the city harmless for all claims, demands and
actions of any type whatsoever occasioned by the operation of the
taxicab operator business. The insurance policy shall 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 to the city attorney, at least
thirty (30) days immediately prior to the time such cancellation
becomes effective.
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CITY COUNCIL ORDINANCE NO. 603
5.98.070 Hold Harmless. Taxicab operator agrees to
indemnify, defend, and save the city and its agents and employees
harmless from any and all liability, claims, damages or injuries
to any person including, without limitation, injury to taxicab
operators drivers and other employees, and all claims which arise
from or are connected with the negligent performance of, or
failure to perform the work or other obligations upon vehicles
as provided by law or are caused or claim to be caused by the
negligent acts of the taxicab operator, drivers and other
employees, all expenses of investigating and defending against
same, provided, however, that this indemnification and hold
harmless shall not include any claim arising from the sole
negligence or willful misconduct of the city and its agents and
employees.
5.98.080 Reports. The taxicab operator shall keep the
following records which shall be made available, upon request,
for inspection by the city manager or his designated
representative or by the sheriff's department.
A. Number of calls for service, by day, including the
mime of call, time of deposit and time of pick-up;
B. Daily log. by taxicab number, of those taxicabs in
safe mechanical condition and available for service;
C. Daily log, by taxicab number, of those taxicabs not
available for service, and the reason thereof;
D. Current rate schedule of fees;
E. Employment record of taxicab drivers; and
F. Copy of Federal Communication Commission license
showing the assigned radio frequency.
5.98.090 Suspension of Permit. The city manager may
suspend any taxicab permit to operate a business or any vehicle
for a period of up to two ( 2 ) weeks, in the event he determine;
that the public safety and welfare would be benefited thereby arid'
where mechanical or operational deficiencies need be corrected
1f the taxicab operator fails to correct such deficiencies
within-, said two (2) weeks period, the city manager may request
the permit be revoked.
5.98.100 Appeal. The taxicab operator aggrieved by any
decision of the city manager made pursuant to the provisions of
this chapter may appeal therefrom to the city council within ten
(10) days after notice of such decision by filing with the city
c'erk's office a written notice of appeal. If such appeal is
made within the prescribed t1me, the city clerk shall cause the
matter to be set for hearing before the city council wittrin
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CITY COUNCIL ORDINANCE NO. 603
thirty (30) days from date of receipt of such notice of appeal,
giving the taxicab operator not less than ten ( 10 ) days notice
In writing of the time and place of the hearing. The findings
and determination of the council at such hearing shall be final
and conclusive.
In the event the taxicab operator fails to submit an appeal
within the prescribed time, the decision of the city shall
become final and conclusive on expiration of the time stated in
this section for appeal.
5.98,110 Revocation of Permit. After notice and hearing
pursuant to the provisions of this chapter, the permit may be
revoked by city council if it finds and determines:
A. Taxicab operator or taxicab drivers or other employees,
fails to comply with all the provisions of this chapter;
B. Upon request by the city requiring the sheriff's
department to check into the moral character of the taxicab
operators, the sheriff's department recommends revocation of the
permit; and
C. Upon request by the city requiring the sheriff's
department to check into the moral character of taxicab drivers
and other employees and the sheriff's department recommends the
termination of said persons and the taxicab operator fails to
do so, the permit may be revoked.
D. Cancellation of policy of insurance.
5.98.120 Hearing. Prior to the city's taking action to
revoke a taxicab permit, the taxicab operator shall be afforded a
due process hearing before the city council, at which time the
taxicab operator may introduce evidence and examine or cross
examine witnesses as to why such action should not be taken.
The taxicab operator may be represented by counsel or any other
person of his/her choice upon the close of the hearing, the city
council shall render a final and conclusive decision.
5. 98. 1 30 Assignment. T h e t a x i c a b p e r m i t i s n o t
assignable, transferable, or other wise alienable by the taxicab
operator.
5.98.140 Penalties. Any person violating the provision
of this chapter shall be guilty of an infraction.
5.98.150 Severability. If any provision of this chapter
is held to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, the remaining provision of this
chapter shall not be invalidated.
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CITY COUNCIL ORDINANCE NO. 603
SECTION 2: City Clerk's Certification.
The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effect immediately.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Palm Desert City Council, held on this 12th day of April,
1990, by the following vote, to wit:
AYES: BENSON, KELLY, WILSON & SNYDER
NOES: NONE
ABSENT: CRITES
ABSTAIN: NONE
WALTER H. SNYDER, MAYO PRO-TEMPORE
ATTEST:
SHEILA R. GILLIGAN, Ci y Clerk
City of Palm Desert,'' alifornia
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