For purposes of this chapter the following terms shall be defined
as follows:
"Driver"
means every individual who operates any taxicab or vehicle
for hire as an employee of a business owner, independently owns the
taxicab or vehicle for hire and operates under the auspices of such
owner, or has independently contracted with such owner to operate
the taxicab or vehicle for hire pursuant to a lease, license, or any
other form of agreement.
"Franchisee"
means any entity engaged in the business of carrying passengers
in a taxicab, whether comprised of an individual, group of individuals,
partnership, limited partnership, joint venture, corporation, or any
other organizational structure indentified by name, phone number,
central dispatch, color scheme, monogram, or insignia distinguishing
itself from any other entity engaged in such business, and to whom
a taxicab franchise agreement has been granted by the City.
"Limousine"
means a motor-propelled vehicle used for the transportation
of passengers for hire along public streets, not over a defined route,
but as to a destination in accordance with and under the direction
of the person hiring such vehicle. A limousine operates from a fixed
location and is hired on a contract basis only. Limousines are prearranged
and not "hailed."
"Motor vehicle" or "vehicle"
means every motor vehicle used for public hire propelled
by mechanically produced power and intended for use on public streets
and highways, except street cars, trains, and motor buses.
"Pedicab"
means a bicycle that has three or more wheels, that transports,
or is capable of transporting, passengers on seats attached to the
bicycle, that is operated by an individual, and that is used for transporting
passengers for any form of consideration; or a bicycle that pulls
a trailer, sidecar, or similar device, that transports, or is capable
of transporting, passengers on seats attached to the trailer, sidecar,
or similar device, that is operated by an individual, and that is
used for transporting passengers for any form of consideration.
"Stand" or "taxi stand"
means a portion of the public street designated by the City
for the sole use of authorized taxicabs while awaiting employment.
"Taxicab" or "taxi" or "cab"
means every motor vehicle having a seating capacity of less
than eight passengers that regularly engages in the business of carrying
passengers for hire over the public streets of the City not operating
on a fixed route or schedule. For the purposes of this chapter, this
shall not include the sole act of delivering any passenger to a location
within the City from beyond the boundary limits of the City. This
definition does not include limousines, pedicabs, or buses.
"Taximeter"
means any mechanical or electronic instrument, appliance,
device, or machine by which the charge for hire of a motor 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.
"Vehicle for hire"
means any motor or electric vehicle offered to the public
for hire with the services of a driver, whether equipped with a taximeter,
used for the transportation of passengers over the public streets
of the City, irrespective of whether such operations extend beyond
the boundary limits of the City, at rates per distance, trip, per
hour, per day, per week, per month, and where transportation is under
the control, as to route, of the persons hiring it; except however,
that vehicles for the sole transportation of handicapped persons,
hearses, ambulances, interurban trains, motor, or trolley buses are
not included within this definition.
(Ord. 3964 § 1, 2011)
By adopting the ordinance codified in this chapter, the City
is assuming an undertaking only to promote the general welfare. It
is not assuming, nor is it imposing on its employees, any obligation
the breach of which may create liability in money damages to any person
who claims that the breach was a substantial factor in causing injury.
(Ord. 3964 § 1, 2011)
The franchise agreement shall provide, but not be limited to:
(A)Â Nonexclusive
Right of Franchisee. The agreement shall provide that the franchisee
is granted a nonexclusive franchise to provide taxicab service within
the City.
(B)Â Franchise
Fee. The agreement shall provide that the franchisee must pay to the
City a franchise fee in the amount of two percent of the gross revenues
generated by the franchisee from services performed within the City
on the dates specified in the agreement. The Council shall retain
the power, by resolution, to amend the amount of the franchise fee
as the Council deems necessary to protect the interests of the City.
(C)Â Additional
Terms and Conditions. The Council shall retain the power, by resolution,
to provide for the inclusion in such agreement of such additional
terms and conditions as the Council deems necessary to protect the
interests of the City.
(Ord. 3964 § 1, 2011)
The Police Chief shall have the authority to supervise the operations
of the franchisee and the provision of taxicab services.
(Ord. 3964 § 1, 2011)
The Council may by resolution, or an approved franchise agreement,
place a limit on the rates, fees and charges (collectively "fees")
franchisees may charge to their customers within the City. No franchise
shall charge any fees which are greater than the maximum permitted,
unless otherwise authorized in this chapter.
(Ord. 3964 § 1, 2011)
It is unlawful for any person or entity to provide taxicab services
within the City without obtaining a franchise as required. A violation
of this provision shall constitute a misdemeanor.
(Ord. 3964 § 1, 2011)
Each franchisee for taxicab services shall, in written agreement,
indemnify and hold harmless the City and its agents, officers and
employees from and against any and all claims asserted or liability
established for damages or injuries to any person or property that
arise from, or are connected with, or are caused by the willful or
negligent acts or omissions of the franchisee, or its agents, officers,
employees or contractors.
(Ord. 3964 § 1, 2011)
Commercial and advertisement signs may be affixed onto the vehicle,
but shall not in any way obstruct the view of the driver or the identification
insignia on the vehicle.
(Ord. 3964 § 1, 2011)
In the event a franchisee sells or transfers title of a taxicab
for which a permit has been issued, or in the event the vehicle has
been destroyed or totaled, the franchisee shall notify the Police
Department within 10 days.
(Ord. 3964 § 1, 2011)
Each driver's permit issued under this chapter shall contain
a serial number and shall set forth the name, age, and physical description
of the person permitted, the issued and expiration date of the permit,
a current photograph of permittee and the name of the employer.
(Ord. 3964 § 1, 2011)
The City shall have discretion on the number of vehicle and
driver's permits issued.
(Ord. 3964 § 1, 2011)
For permits that are lost or destroyed, the City, upon receipt
of an affidavit from the owner explaining the reason(s) for a replacement,
may issue a replacement permit. The City may charge a fee associated
with the cost of replacing a permit.
(Ord. 3964 § 1, 2011)
All taxicab drivers changing their employment to a new or different
taxicab employer shall notify the City within five days of the change.
A new driver's permit shall be obtained and contain the name of the
new employer. The City may charge a fee associated with the cost of
issuing a new permit.
(Ord. 3964 § 1, 2011)
All driver's permits issued by the City are the property of
the City and shall not be sold, assigned or transferred.
(Ord. 3964 § 1, 2011)
(A)Â No
taxicab driver's permit may be issued or renewed unless the applicant
at the time of permit application or renewal has submitted to the
Police Department valid certification that a mandatory controlled
substance and alcohol testing certification program conforming to
Parts 40 and 382 of Title 49 of the Code of Federal Regulations and
California
Government Code Section 53075.5 is maintained by the franchisee
for all drivers of taxicabs operated under the franchise agreement.
(B)Â No
taxicab driver's permit may be issued or renewed unless the applicant
at the time of the permit issuance or renewal, files with the City
certification that the permit applicant has tested negatively, within
the past 30 days prior to submitting the application, for controlled
substances and alcohol under a mandatory controlled substance and
alcohol testing certification program conforming to Parts 40 and 382
of Title 49 of the Code of Federal Regulations and California Government
Code Section 53075.5. Driver's permit applicants who test positively
shall be ineligible to apply again for a driver's permit during the
three-year period following the positive test. Driver's permit renewal
applicants who have tested positively pursuant to alcohol/controlled
substance testing shall not be eligible to apply for their driver's
permit renewal until they have successfully completed an accredited
substance abuse program in accordance with
Government Code Section
53075.5.
(C)Â If
a taxicab driver is convicted of driving under the influence while
operating a taxicab, the Police Department shall revoke the taxicab
driver permit and the driver shall not be eligible to resume driving
duties until he or she has successfully completed an accredited substance
abuse program in accordance with
Government Code Section 53075.5.
(D)Â The
costs of taking an alcohol/controlled substance test of an employee
shall be paid by the franchisee.
(E)Â The
test results shall be reported directly to the franchisee who shall
be required to notify the City of all positive results.
(F)Â A
test meeting the requirements of this section that is taken to obtain
a driver's permit in another jurisdiction shall be accepted as though
conducted as part of the permit renewal process for the City for up
to 30 days from the date the test was taken and the application was
submitted. The prior test shall apply only for purposes of renewing
a driver's permit, so long as the driver has not tested positive thereafter.
However, a negative result from a test taken for another jurisdiction
shall not satisfy the testing requirements to receive an initial (new)
permit as imposed by this chapter.
(G)Â All
test results shall be confidential and shall not be released without
the consent of the driver, except as provided herein or as authorized
or required by law.
(Ord. 3964 § 1, 2011; Ord. 4054 § 1, 2015)
No franchisee shall permit any person to act as a driver who
does not possess a valid California driver's license and a driver's
permit issued under this chapter.
(Ord. 3964 § 1, 2011)
It is unlawful for the franchisee, owner, driver, or operator
of any taxicab operating under a City franchise, to fail or refuse,
or to permit the failure or refusal, when in service and not otherwise
engaged for hire, to transport to his or her announced destination
in the City, any person who presents him or herself for carriage in
a sober and orderly manner and for a lawful purpose.
(Ord. 3964 § 1, 2011)
Every taxicab driver employed to carry passengers to a definite
point shall take the most direct route possible that will carry the
passengers safely and expeditiously to their destination unless otherwise
specifically requested by the passengers.
(Ord. 3964 § 1, 2011)
The driver of a taxicab authorized to operate in any municipality
other than the City may transport passengers from such municipality
to a destination within or beyond the City limits, provided that the
driver shall not seek nor accept passengers within the City of Santa
Rosa.
(Ord. 3964 § 1, 2011)
Except where credit is extended, any person who fails or refuses
to pay at the end of the trip, or the termination or discharge of
service, the legal fare for a taxicab that he or she has hired, shall
be guilty of a misdemeanor. Drivers shall not accept any form of payment
other than cash or credit/debit card.
(Ord. 3964 § 1, 2011)
Permits may be denied, revoked, suspended, or appealed under the procedures set forth in Chapter
6-76, Permit Appeals, of the City Code. Appeals shall be conducted according to the procedure and timeframes set forth in Chapter
6-76.
(Ord. 3964 § 1, 2011)
A charge may be imposed for the reasonable regulatory costs
incurred by the City for issuing franchises and permits, performing
investigations and inspections, and the administrative enforcement
and adjudication of actions or proceedings under this chapter.
(Ord. 3964 § 1, 2011)