HomeMy WebLinkAboutOrdinance 1834 (Vehicles for Hire Regulations)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1834 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING EXISTING
CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE AND ENACTING
NEW CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING
THE REGULATION OF VEHICLES FOR HIRE"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 18th day of January, 2005,
published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City held on the 7th day of February, 2005, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Miller, Phillips and Vice -Mayor Heller
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Cohen and Mayor Boro, (due to absence from
Meeting of 1/18/2005)
WITNESS my hand and the official
seal of the City of San Rafael this
9th day of February, 2005
SSR- %1i •�
JEANNE M. LEONCINI, City Clerk
ORDINANCE NO. 1834
AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING EXISTING
CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE AND ENACTING
NEW CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE
REGARDING THE REGULATION OF VEHICLES FOR HIRE
WHEREAS, California Government Code Section 53075.5 requires that every
city or county shall protect the public health, safety, and welfare by adopting an
ordinance or resolution regulating transportation services by vehicles for hire ("taxicabs"
herein); and
WHEREAS, California Government Code Section 53075.5 requires that the
regulations established in regard to taxicabs include at a minimum: (i) a policy for entry
into the business of providing taxicabs; (ii) the establishment or registration of rates; and
(iii) a mandatary controlled substance and alcohol testing certification program; and
WHEREAS, Chapter 10.60 of the San Rafael Municipal Code (the "Code")
regulates taxicabs in the City of San Rafael; and
WHEREAS, the City of San Rafael is a member of the Marin Streetlight
Acquisition Joint Powers Authority (the "JPA"); and
WHEREAS, the JPA has adopted the Marin Streetlight Acquisition Joint Powers
Authority Taxicab Regulation Program (the "Program") in order to provide for the
uniform regulation of taxicabs within the unincorporated areas of the County of Marin
and within all of the cities and towns participating in the JPA in accordance with the
provisions of the JPA and with the requirements of state law; and
WHEREAS, the City Council of the City of San Rafael, in order to facilitate the
JPA's establishment, administration and operation of the taxicab regulation program
throughout the towns, cities and unincorporated areas of Marin County, including within
the City of San Rafael, desires to repeal the existing Chapter 10.60 of the Municipal
Code; and
WHEREAS, the City Council of the City of San Rafael, in order to require that
all taxicabs and taxicab companies operating in the City of San Rafael are in compliance
with the Program adopted by and operated by the JPA, desires to enact a new Chapter
10.60 concerning taxicabs.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.60 of the City of San Rafael Municipal Code is hereby
repealed in its entirety.
001 IGIAN
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SECTION 2. A new Chapter 10.60 is hereby enacted and added to the City of San
Rafael Municipal Code to read as follows:
10.60.010 Definitions.
For the purpose of this chapter, the words and phrases defined in this section shall be
construed in accordance with the following definitions.
"City" means the City of San Rafael.
"Company" means any entity operating a Taxicab business, including without limitation,
a natural person, firm, association, organization, partnership, business, trust, corporation,
or public entity.
"Company Permit" means a valid permit issued by the JPA authorizing a Company to
operate a Taxicab business.
"Driver" means a person who drives or controls the movements of a Taxicab.
"Driver's Permit" means a valid permit issued by the JPA authorizing a person to drive or
control the movements of a Taxicab.
"JPA" means the Marin Streetlight Acquisition Joint Powers Authority or successor
entity.
"Operate a Taxicab" means to drive a Taxicab and either solicit or pick up passengers for
hire in the City.
"Program" means the Marin Street Light Acquisition Joint Powers Authority Taxicab
Regulation Program adopted and administered by the JPA.
"Taxicab" means a motor vehicle regularly engaged in the business of carrying
passengers for hire, designed for carrying not more than eight persons, excluding the
driver.
"Vehicle Permit" means a valid permit issued by the JPA authorizing a particular vehicle
to be operated as a Taxicab.
10.60.015 Incorporation of Program into Ordinance.
The Program as adopted by the JPA and as amended from time to time, is hereby
incorporated herein as if fully set forth in this Chapter. A copy of the Program and
amendments thereto shall be kept in the City Clerk's office and shall be available for
review.
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10.60.020 Compliance with Program.
No Driver or Company shall operate or cause the operation of a Taxicab in the City
unless such operation complies with all of the regulations, requirements and other
conditions of the Program.
10.60.030 Driver's Permit Required.
A person shall only operate a Taxicab in the City if that person possesses a Driver's
Permit. A Company shall only allow a Driver to operate a Taxicab if that Driver
possesses a Driver's Permit.
10.60.040 Taxicab Vehicle Permit Required.
A Driver shall only operate a Taxicab in the City if that vehicle displays a Vehicle
Permit. A Company shall only allow a Taxicab to be operated in the City on its behalf if
that vehicle displays a Vehicle Permit.
10.60.050 Company Permit Required.
A Company shall only operate a Taxicab business in the City if that Company possesses
a Company Permit.
10.60.060 Application for Permits.
Application for a Driver's Permit, Vehicle Permit and/or Company Permit shall be made
to the JPA, upon a form provided by the JPA and shall be accompanied by payment of a
fee, established by the JPA, sufficient to cover the costs of processing such application
and administering the Program. If necessary, the fee schedule established by the JPA
shall be adopted by separate resolution of the City Council.
10.60.070 Testing for Controlled Substances and Alcohol.
A Driver shall test negative for controlled substances and alcohol as required by the
Program and any and all applicable state statutes.
10.60.080 Insurance Required.
A Driver operating a Taxicab in the City shall carry with him/her at all times proof of
insurance covering that vehicle, with such policy limits and coverage as established by
the JPA. Said proof of insurance must clearly identify that particular vehicle as covered.
10.60.090 Equipment.
A Taxicab operated under the authority of this chapter shall be equipped according to the
standards established by the JPA.
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10.60.100 Mechanical Condition.
A Taxicab operated under the authority of this chapter shall be maintained according to
the standards established by the JPA.
10.60.110 Operational Requirements.
A. A Driver shall only carry a passenger to his/her destination by the most
direct and accessible route.
B. A Taxicab shall have all permits issued by the JPA conspicuously
displayed according to the standards established by the JPA.
C. A Taxicab shall have the following information continuously posted in a
prominent location in the Taxicab passenger compartment according to the standards
established by the JPA.
1. A schedule of rates and charges for the hire of said Taxicab;
2. The Company's name, address and telephone number;
3. The Company Permit;
4. The Taxicab identification number;
5. The Driver's Permit issued by the JPA; and
6. The Vehicle Permit issued by the JPA.
D. A Driver shall give a receipt for the amount charged upon the request of
the person paying the fare.
E. A Taxicab shall only be operated if the passenger compartment is kept in a
clean and sanitary condition free from offensive odors in accordance with the standards
established by the JPA.
F. The name or trade name of the Company shall be printed, stamped or
stenciled conspicuously on the outside of each Taxicab according to the standards
established by the JPA.
10.60.120 Separate from Business Licensing.
The requirements of this chapter are separate and independent from the business licensing
and any other provisions under the City Code. Any Company and/or Driver operating a
Taxicab in the City shall obtain a business license to the extent required under the terms
of this Code.
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10.60.130 Enforcement and Penalty Provisions.
The City intends to secure compliance with the provisions of this chapter by any of the
following alternate, separate and distinct methods. Each method set forth herein is not
intended to be mutually exclusive and does not prevent concurrent or consecutive
methods being used to achieve compliance nor does it prevent utilization of any other
enforcement mechanisms and/or penalties available by law. Each day a violation exists
constitutes a separate offense.
Notwithstanding any other provision of this chapter, each violation of the provisions of
this chapter may be enforced and penalties imposed, pursuant to Chapters 1.40,1.42,1.44
and 1.46 of the San Rafael Municipal Code.
SECTION 3. Severability.
This ordinance and the various parts thereof are hereby declared to be severable. Should
any section of this ordinance be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
SECTION 4. No Environmental Effect.
The City Council finds that the adoption and implementation of this Ordinance are
exempt from the provisions of the California Environmental Quality Act because this
project has no possibility of having any significant effect upon the environment.
SECTION 5. Publication.
This Ordinance shall be published once in full before its final passage in a newspaper of
general circulation, published and circulated in the City of San Rafael and shall be in full
force and effect thirty (30) days after its final passage.
ATTEST:
A. L
JVANNE M. LEONCINI, City Clerk
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BARBARA HELLER, Vice -Mayor
5
The foregoing Ordinance No. 1834 was read and introduced at a Regular Meeting of the
City Council of the City of San Rafael, held on the 18th day of January, 2005 and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Miller, Phillips & Vice -Mayor Heller
None
Cohen & Mayor Boro
And will come up for adoption as an Ordinance of the City of San Rafael at a Regular
Meeting of the City Council to be held on the 7th day of February, 2005.
M-
JEWRNE M. LEONC I, City Clerk
0
MARIN STREETLIGHT ACQUISITION JOINT
POWERS AUTHORITY
TAXICAB REGULATION PROGRAM
A. DEFINITIONS
As used herein the capitalized terms shall have the following meanings:
1. "Agency" shall mean and refer to each entity which is a member of the
JPA, however, the term "Agency" specifically shall not include the Marinwood
Community Services District or the Bel Marin Community Services District.
2. "Area of Jurisdiction " means the jurisdictional boundaries or each
Agency.
3. "Call Log" shall mean a record prepared by the Company of all trips
made by the Company's Drivers showing date, time and place of origin, and destination.
4. "Company" means any entity operating a Taxicab business, including
without limitation, a natural person, firm, association, organization, partnership, business,
trust, corporation or public entity.
5 "Company Permit" means a valid permit issued by the JPA authorizing a
Company to operate Taxicabs in the Area of Jurisdiction of each Agency.
6 "County" means the County of Marin.
7. "DMV" means the California Department of Motor Vehicles.
"Driver" means a person who operates a Taxicab.
9. "Driver Permit" means a valid permit issued by the JPA authorizing a
person to operate a Taxicab pursuant to the terms and requirements of the Program.
10. "Executive Director" shall mean the Executive Director of the JPA or
his/her designee.
11. "JPA" shall mean the Marin Streetlight Joint Powers Authority or
successor entity.
12. "Program" means the rules and regulations set out in this Marin
Streetlight Joint Powers Authority Taxicab Regulation Program as the same may be
amended from time to time.
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13. "State" means the State of California.
14. "Taxicab" shall mean a motor vehicle regularly engaged in the business
of carrying passengers designed for carrying not more than eight persons, excluding the
driver.
15. "Vehicle Permit" shall mean a valid permit issued by the JPA authorizing
a vehicle to be utilized as a Taxicab pursuant to the terms and requirements of the
Program.
B. COMPANY PERMIT
1. Company Permit Required. No Company shall operate or permit a
Taxicab owned or controlled by it to be operated as a vehicle for hire within the Area of
Jurisdiction of any Agency without having first obtained a Company Permit from the
JPA.
2. Issuance of Company Permit. The Executive Director shall issue a
Company Permit upon full compliance by the Company with all of the following
requirements unless one or more basis for denial set forth in Section 3 of this Section B
exists:
a. Submission of a complete Company Permit application; and
b. Submission of a copy of the Company's drug and alcohol policy
which must include at a minimum that employment or an offer of employment for any
Driver is conditioned upon an acceptable drug and alcohol test meeting the requirements
of these regulations and of California Government Code Section 53075.5 or successor
statute; and
C. Submission of evidence of insurance in full force and effect which
meets the following minimum requirements:
i. Automobile liability insurance with a minimum combined
single limit of Three Hundred Fifty Thousand Dollars ($350,000.00) for injury or death
of one or more persons in the same accident and for injury to or destruction of property
resulting from the operation or maintenance of any Taxicab; and
ii. Workers' Compensation insurance as required by the State
of California; and
iii. The liability policy referred to in subsection i above is to
contain, or be endorsed to contain, the following provisions:
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(A) The JPA and each Agency, its officers, elected and
appointed officials, employees, agents and volunteers are to be covered as additional
insureds; and
(B) Coverage shall not be reduced, terminated or
canceled, except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the JPA; and
iv. Insurance is to be placed with insurers licensed to do
business in the State of California with a current A.M. Best's rating of no less than B+;
and
V. The Executive Director may require complete, certified
copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications at any time; and
vi. At least thirty (30) days prior to the expiration of current
policies a Company shall submit a letter from its insurance carrier(s) indicating that the
carrier is processing Company's request for continuance of coverage or new coverage
and that the carrier believes that such coverage will be continued/issued; and
vii. As soon as it is received by the Company but in no event
later than the date of the expiration of current policies a Company shall submit insurance
binders evidencing insurance coverage for the policy period subsequent to the expiration
of the current policies; and
viii. No self insured retention shall be allowed and deductibles
shall not exceed Two Thousand Five Hundred Dollars ($2500.00); and
d. Submission of proof of current DMV registration for each Taxicab
listed in the Company Permit applicant; and
e. Prior to the issuance of the initial Company Permit (but not upon
renewal) every owner, partner or principal officer of Company shall have:
i. submitted to fingerprinting by the County Sheriff's
Department; and
ii. successfully cleared a local background check performed
by the County Sheriff's Department; and
f. List of every Driver authorized to operate the Taxicab(s) identified
in the Company Permit application; and
g. The rates of fare proposed to be charged by the Company; and
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h. Payment of all applicable fees including without limitation the
Company Permit application fee and Taxicab Permit application fee.
i. As a condition to the receipt of a Company Permit, the Company
must submit for approval by the Executive Director an indemnification agreement,
executed by an authorized representative of the Company, agreeing to release, indemnify,
hold harmless and defend with counsel reasonably acceptable to the Executive Director,
the JPA, including every Agency which is a member thereof, and their respective elected
and appointed officials, officers, employees, agents and volunteers harmless against and
from liability and/or claims of any kind arising out of the Program and/or the operation of
Taxicab(s) including, without limitation, claims for personal injury or death or loss or
damage to property.
3. Basis for Denial of Company Permit. The Executive Director shall deny
the issuance of a Company Permit in the event that any owner, partner or principal officer
of applicant:
a. Is under the age of 18 years; or
b. Falsifies material information on an application for a Company
Permit; or
C. Is a registered sex offender pursuant to California Penal Code
Section 290; or
d. Is on formal probation or parole for any offense outlined in this
Section B.3.; or
e. Has at any time been convicted (or pled guilty or nolo contendere)
in any state for any of the following: murder; robbery; pandering; pimping; crimes
related to the sale or transportation of controlled substances; and/or crimes involving the
use of a weapon; or
f. Within five (5) years of the application been convicted of (or pled
guilty or nolo contendere) in any state or had any final administrative determination of a
violation of any statute, ordinance, or regulation reasonably and rationally related to the
same or similar business operation which would have resulted in suspension or
revocation of the Company Permit under these Regulations.
4. Requirements Following Issuance. A Company which has received a
Company Permit shall comply with all of the following during the term of the Company
Permit:
a. Company shall maintain the insurance required pursuant to Section
13.2.c. of these Regulations in full force and effect during the term of the Company
Permit; and
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b. Company shall notify the Executive Director of any information or
fact(s) that would cause any of the information set forth in the Company Permit
Application to no longer be true and correct; and
C. Company shall provide the Executive Director with written notice
within 72 hours in the event that any of its Drivers listed in the Company Permit are
terminated or are otherwise no longer authorized to operate a Taxicab identified in the
Company Permit; and
d. Company shall notify the Executive Director if it desires to add
Drivers to the Company Permit and any such Drivers shall only be added to the Company
Permit and be authorized to operate the Taxicab after such Driver has obtained a Driver's
Permit.
4. Term and Renewal.
a. A Company Permit shall remain in effect for a period of five (5)
years from issuance unless sooner suspended or revoked.
b. In order to renew a Company Permit prior to the expiration of an
existing Permit, Company must submit a completed application for renewal within thirty
(30) days prior to the expiration of the Company Permit. Upon submission of a
completed application for a renewal of a Company Permit, provided that the Company is
in compliance with all of the provisions of these Regulations and provided further that the
existing Company Permit is not otherwise suspended or revoked in accordance with the
provisions of these Regulations, the existing Company Permit shall remain in effect until
the later to occur of (i) such time as the application for renewal is either granted or
denied; or (ii) the expiration of the existing Company Permit; at which time the existing
Company Permit shall automatically be of no further force and effect.
5. Appeal. A Company may appeal the denial or non -renewal of the
issuance of a Company Permit in accordance with the provisions of Section F of these
Regulations.
6. Transfer. Company Permits are not transferable or assignable.
C. Drivers Permit.
1. Driver's Permit Required. No person shall operate a Taxicab within the
Area of Jurisdiction of any Agency without having first obtained a Driver's Permit
therefore.
2. Issuance of Driver's Permit. The Executive Director shall issue a
Driver's Permit upon submission by the Driver of all of the following requirements
unless one or more basis for denial set forth in Section 3 of this Section C exists:
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a. A fully completed Driver's Permit application signed by an
authorized representative of a Company holding a Company Permit; and
b. A valid permanent California Class C driver's license; and
C. Evidence of compliance with the mandatory controlled substance
and alcohol testing certification program, as set forth below:
i. Drivers shall show proof from a drug testing company
approved by the Executive Director that the Driver tested 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. Drivers must also test negative for
alcohol. Drivers must show proof of negative tests for these controlled substances and
for alcohol as a condition of Permit issuance or 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; and
ii. Procedures shall be substantially as in Part 40
(commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except
that the Driver shall show a valid California driver's license at the time and place of
testing. Requirements for rehabilitation and for return to duty and follow up testing and
other requirements and shall be substantially as in Part 382 (commencing with Section
382.101) of Title 49 of the Code of Federal Regulations.
iii. A test consistent with subsections c. i. and ii. performed in
a jurisdiction outside of the County shall be accepted as meeting the same requirement as
a test performed within the County. Any negative test results shall be accepted for one
year as meeting a requirement for periodic permit renewal testing or any other periodic
testing if the Driver has not tested positive subsequent to the 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.
iv. In the case of a self-employed independent Driver, the test
results shall be reported directly to the Executive Director, which 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 Company, who may be required to notify the Executive
Director of positive results.
V. All test results are confidential and shall not be released
without the consent of the Driver, except as authorized or required by law.
vi. Self-employed independent drivers shall be responsible for
compliance with, and shall pay all costs of, this program with regard to themselves. The
Company shall be responsible for compliance with, and shall pay all costs of, this
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program with respect to their employees and potential employees, except that an operator
may require employees who test positive to pay the cost of rehabilitation and of return to
duty and follow up testing.
vii. Upon the request of a Driver applying for a permit, the
Executive Director shall give the Driver a list of consortia certified pursuant to Part 382
(commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that
the Executive Director knows offer tests in or near the County.
d. Fingerprints taken by or on file with the County Sheriff's
Department; and
e. A cleared background check performed by the County Sheriff's
Department; and
f. Two current 2" by 2" professional quality color photos (passport
photos) of the applicant.
g. Payment of all applicable fees including without limitation the
background check fee and the Driver Permit application fee.
3. Basis for Denial of Driver's Permit. The Executive Director shall deny
the issuance of a Driver's Permit in the event that the applicant:
Permit; or
a. Is under the age of 18 years; or
b. Falsifies material information on an application for a Driver's
C. Does not possess a valid California Driver's License; or
d. Fails the drug and/or alcohol test required hereunder. Upon testing
positive for drugs and/or alcohol the applicant shall not be eligible to reapply for a
Driver's Permit for a period of six (6) months from the test date; or
e. Is a registered sex offender pursuant to California Penal Code
Section 290; or
f. Is on formal probation or parole for any offense outlined in this
section 3; or
g. Has at any time been convicted (or pled guilty or nolo contendere)
in any state for any of the following: murder; robbery; pandering; pimping; crimes
related to the sale or transportation of controlled substances; and/or crimes involving the
use of a weapon; or
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h. Within five (5) years of the application been convicted of (or pled
guilty or nolo contendere) in any state of reckless driving, driving under the influence of
intoxicating liquor or drugs (DUI), a violation of California Vehicle Code Sections
2800.1 (pertaining to flight from peace officer), Section 20002 (pertaining to duty where
property is damaged), Section 20003 (pertaining to duty upon injury or death) or any
corresponding substitute sections or similar sections of the Vehicle Code of another state;
vehicular manslaughter; and/or California Penal Code Sections 240, 241, 242, or 243
pertaining to assault and battery or any corresponding substitute sections or similar
sections of the Penal Code of another state.
4. Term and Renewal.
a. A Driver's Permit shall remain in effect for a period of five (5)
years from issuance unless sooner suspended or revoked.
b. In order to renew a Driver's Permit, the Driver must submit a
completed application for renewal within thirty (30) days prior to the expiration of the
Driver's Permit. Upon submission of a completed application for a renewal of a Driver's
Permit, provided that the Driver is in compliance with all of the provisions of these
Regulations and provided further that the existing Driver Permit is not otherwise
suspended or revoked in accordance with the provisions of these Regulations, the existing
Driver Permit shall remain in effect until the later to occur of (i) such time as the
application for renewal is either granted or denied; or (ii) the expiration of the existing
Driver Permit; at which time the existing Driver Permit shall automatically be of no
further force and effect.
C. The Driver's Permit shall be automatically void upon termination
of Driver's employment with the Company listed in the Driver Permit application and the
Driver's Permit shall be returned to the Executive Director upon such termination.
5. Appeal. A Driver may appeal the denial or non -renewal of the issuance of
a Driver Permit in accordance with the provisions of Section F of these Regulations.
6. Transfer. Driver's Permits are not transferable or assignable.
D. Vehicle Permit.
1. Initial Vehicle Inspection. Prior to the use and operation of any vehicle
as a Taxicab under the provisions of these Regulations, documentation reasonably
acceptable to the Executive Director shall be submitted indicating that the vehicle has
been thoroughly examined and inspected by a State certified mechanic and found to
comply with all the standards established in the California Vehicle Code or successor
statute.
2. Issuance of Vehicle Permit/Renewal. Upon meeting the initial
inspection requirements set forth in Section D.1 above and upon payment of any and all
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applicable fees, a non -transferable Vehicle Permit shall be issued for each approved
Taxicab. The Vehicle Permit shall remain in effect for a period of one (1) year. No
Vehicle Permit shall be renewed unless and until the inspection requirements set forth in
Section D.3 below are met and any and all applicable fees have been paid. The Vehicle
Permit must be displayed in the Taxicab at all times during its operation.
3. Annual Inspections. Every vehicle operating under these Regulations
shall be inspected annually by a State certified mechanic to ensure that it complies with
all the standards established in the California Vehicle Code or successor statute.
4. Vehicles Must Be Kept in a Clean and Sanitary Condition. Every
vehicle operating under these Regulations shall be kept in a clean and sanitary condition
and free of offensive odors.
5. Designation of Taxicabs. Each Taxicab shall bear on the outside of at
least one door on each side of the vehicle, in painted letters not less than five inches nor
more than seven inches in height, the name of the Company; and, in addition, may bear
an identifying design approved by the Executive Director. No vehicle shall be licensed
whose color scheme, identifying design, monogram, or insignia to be used thereon shall,
in the opinion of the Executive Director, conflict with or imitate any vehicles already
operating under a permit issued pursuant to these Regulations, in such a manner as to be
misleading or tend to deceive or defraud the public; and provided further, that if after a
license has been issued for a Taxicab hereunder, the color scheme, identifying design,
monogram, or insignia thereof is changed so as to be, in the opinion of the Executive
Director, in conflict with or imitate any color scheme, identifying design, monogram, or
insignia used by any other person, owner or operator, in such a manner as to be
misleading or tend to deceive the public, the permit for such Taxicab or Taxicabs shall be
suspended or revoked
6. Revocation of Vehicle Permit. The Executive Director may revoke any
Vehicle Permit in the event that the vehicle which is the subject of the permit does not
meet the requirements of these Regulations. The determination of the Executive Director
may be appealed in accordance with the provisions of Section F. hereof.
E. Taxicab Operation.
1. Rates of Fare. Every Taxicab shall have a rate card setting forth its rates
of fare displayed in such a place as to be in view of all passengers. Such card shall be in a
form approved by the Executive Director. No rates of fare shall be either adopted or
changed until a complete schedule thereof has been filed with the Executive Director.
2. Receipts. The Driver of any Taxicab shall upon demand by the passenger
render to such passenger a receipt for the amount charged on a receipt which shall bear
the name of the owner, driver number, amount of meter reading or charges and date of
transaction.
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3. Taxicab Service. All Companies and Drivers shall answer all calls
received by them for services as soon as they can do so and if the services cannot be
rendered within a reasonable time they shall then notify the prospective passengers how
long it will be before the call can be answered and give the reason therefore.
4. Call Logs. Every Company shall maintain daily Call Logs. The form of
the Call Log shall be approved by the Executive Director. Every Company shall retain
and preserve all Call Logs in a safe place for at least the fiscal year following the fiscal
year in which the Call Log is created, and said Call Logs shall be available to the
inspection by the Executive Director upon demand.
5. Taxicab Meters. Every Taxicab operated under this section shall be
equipped with a taxicab meter and the Company shall keep such meter accurate at all
times. The Company shall file an annual "certificate of inspection" from County
Department of Agriculture. Upon discovery of any inaccuracy of the meter the Executive
Director is authorized to remove or cause to be removed from service any such vehicle
equipped with such meter until the meter shall have been repaired and accurately
adjusted.
F. Appeal of Permit Denial/Non-Renewal. In the event a Company Permit or
Driver Permit is denied or not renewed, the applicant, Company or Driver shall be
notified in writing of the proposed adverse action and the reason(s) therefore (the "Notice
of Adverse Action"). No later than ten (10) days following the date on the Notice of
Proposed Action the applicant, Company or Driver may submit a written appeal to the
JPA Board on the form provided by the Executive Director which shall include the basis
for such appeal together with the payment of any and all applicable fees. Failure to file a
timely Notice of Appeal shall constitute a waiver of the right to appeal. An appeal is not
timely filed if the applicable fees are not paid concurrently with the submittal of the
appeal. Within forty five (45) days following the date on the Notice of Appeal a public
hearing shall be held before the JPA Board on the proposed action. The decision of the
JPA Board shall be issued within thirty (30) days of the date of the public hearing and
such decision shall be final.
G. Pen alties/Enforcement of Program.
1. Issuance of Compliance Order. Provided that there is no immediate
danger to health or safety, the Executive Director may issue a "Compliance Order" to any
Company or Driver which fails to comply with any of the regulations set forth herein
and/or for any of the following:
a. Providing false or inaccurate information in any Permit
application; or
b. Company allows a Taxicab to be operated by a Driver who does
not hold a valid Driver's Permit; or
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C. Refusal by the Company or a Driver of the Company to accept a
call anywhere in the corporate limits of an Agency at any time when such Company has
available Taxicabs; provided, however, that a Company or a Driver may refuse to accept
a call for service when the Company or Driver reasonably determines that there is a threat
to the health or safety of the Driver; or
d. Revocation or suspension of a Driver's California Driver's
License; or
e. Driver's failure to cooperate with any law enforcement personnel
of any Agency and/or the California Highway Patrol.
2. Contents of Compliance Order. Each Compliance Order shall be in
writing and shall include, without limitation, the following information:
a. The date of the violation(s) and, if different, the date of service of
the Compliance Order.
b. The name, address, and other identifying information of the
Company and/or the Driver.
C. A description of the violation(s), including citation to the section(s)
of the Regulations violated.
d. An order requiring correction of the violation(s) within ten (10)
days of the date of the Compliance Order, or within such other reasonable time as the
Executive Director may determine, and notifying the Company and/or the Driver that
a fine may be due or the applicable permit may be suspended or revoked if correction
is not made before the expiration of the correction period.
e. An order prohibiting the continuation or repeated occurrence of the
violation(s).
f. The fine schedule for the violation(s).
3. Correction of Violation. If the Executive Director determines that all
violation(s) specified in the Compliance Order have been corrected within the time
set forth in the Compliance Order, no further action shall be taken against the
Company and/or the Driver regarding the violations. If all violation(s) specified in
the Compliance Order are not corrected within the time set forth in the Compliance
Order, the Executive Director may issue an Administrative Citation to the Company
and/or the Driver. Issuance of an Administrative Citation does not alter any
obligation to comply fully with the Compliance Order.
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4. Administrative Citation. When a violation of these Regulations poses an
immediate danger to health or safety, or when all violation(s) in a Compliance Order
have not been corrected within the time set forth in that Compliance Order, the
Executive Director may issue an Administrative Citation to a Company and/or Driver.
5. Contents of Administrative Citation. Each Administrative Citation shall
be in writing and shall include, without limitation, the following information:
a. The date of the violation(s) and, if different, the date of service of
the Administrative Citation.
b. The name, address, and other identifying information of the
Company and/or Driver.
C. A description of the violation(s), including citation to the section(s)
of the Regulations violated.
violation.
d. An order prohibiting the continuation or repeated occurrence of the
The penalty imposed for the violation which may include:
i. the imposition of a fine in which case the Administrative
Citation shall include fine schedule for the violation and a description of how, when, and
where the fine must be paid; and/or
ii. a period of suspension of the applicable permit; or
iii. revocation of the applicable permit in the event that the
violation involves an on-going and continuous threat to public health and safety.
f. A brief description of the Administrative Citation hearing process;
including a statement that the Company and/or Driver has the right to contest the
Administrative Citation by requesting a hearing within ten (10) calendar days of the date
of service of the Administrative Citation and a statement that anyone aggrieved by the
decision of the administrative Hearing Officer may petition for review by the Marin
County Superior Court within the time frame and in accordance with the requirements of
Government Code Section 53069.4.
h. The name and signature of the Executive Director.
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3. Separate Violations. Each violation of these Regulations after the
expiration of any correction period set forth in a Compliance Order constitutes a separate
violation for every day such violation continues, and an Administrative Citation may be
issued for each and every separate violation.
4. Notices. All notices, including Compliance Orders and Administrative
Citations, shall be served on the Company and/or Driver in accordance with the following
provisions:
a. Notices may be personally served and when so. served the
responsible person shall be asked to sign the Compliance Order or Administrative
Citation to acknowledge receipt. Failure or refusal to sign a Compliance Order or an
Administrative Citation shall not affect the validity of that Compliance Order or
Administrative Citation; and a signature on any Administrative Citation shall not
constitute an admission of responsibility.
b. Notices may be mailed -by certified mail, postage prepaid, return
receipt requested. Simultaneously, the same notice may be sent by first-class, mail,
postage prepaid. If a notice sent by certified mail is returned unclaimed, service by first-
class mail shall nevertheless be effective if that mail is not returned.
C. If a Compliance Order or Administrative.Citation is issued for
violation of these Regulations by a business or.ofher organization; and if the person cited
is not the sole owner of that business or other organization, a copy of the Compliance
Order or Administrative _Citation and of any other notices required in connection with
that Administrative Citation shall also be personally delivered or shall be sent by first-
class mail, postage prepaid, to the owner or director of that business or other
organization, as may be revealed by the Executive Director's reasonable investigation.
d. If the. Executive Director does not succeed in serving the Company
and/or Driver personally, and if the Executive Director's reasonable investigation reveals
no home or business address for the responsible person the Executive Director shall cause
the notice to be published once a week for four successive weeks in a local newspaper
published at least once per week.
e. Service of any notice in accordance with these requirements may
be proven by declaration or affidavit. Service is complete upon personal delivery, upon
deposit with the United States Postal Service, or upon completion of publication
according to subdivisiond above. Failure of any person with an interest in the
Compliance Order or Administrative Citation to receive properly served notice shall not
affect the validity of any proceedings.
5. Request for Hearing. Any Company and/or Driver may contest an
Administrative Citation by requesting a hearing within ten (10) calendar days from the
date of service of the Administrative Citation. The hearing request must be in writing on
a form furnished by the JPA, specifying in detail the basis for contesting the
Administrative Citation. The Company and/or Driver requesting the hearing shall deposit
the amount of the fine if any with the JPA or apply for a hardship waiver in accordance
with paragraph 6 below. If the deadline for requesting a hearing falls on a weekend or on
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another date that JPA offices are closed for all of the normal business day, then the
deadline shall be extended until 5:00 p.m. on the next regular JPA business day. Failure
to file an appeal request in accordance with this paragraph shall constitute a waiver of the
Company's and/or Driver's right to contest any matters set forth in the Administrative
Citation.
6. Hardship Waiver. Any Company and/or Driver who requests a hearing
to contest an Administrative Citation and who is financially unable to deposit the
administrative fine may request a "Hardship Waiver". This request shall be filed with the
hearing request. The request shall be accompanied by a sworn affidavit, and any other
relevant supporting materials, demonstrating the Company's/Driver's inability to deposit
the fine in advance of the hearing. The Executive Director shall decide within ten (10)
days of receipt of the Hardship Waiver request whether or not to issue a Hardship
Waiver. The decision shall be in writing, and shall be served upon the party requesting
the waiver. The decision shall be final. If the Executive Director decides that a Hardship
Waiver is unwarranted, the Company/Driver shall deposit the full amount of the fine
within ten (10) days of service of the written decision, or within ten (10) days from the
date of the Administrative Citation, whichever is later. If the Company/Driver fails to
deposit this fine before this due date, the JPA may disregard the hearing request, and any
scheduled hearing may be cancelled.
7. Holding Hearing. The hearing shall be held within thirty (30) days of
receiving a hearing request that complies fully with paragraph 5 above. The party
requesting the hearing, as well as any other persons upon whom the Administrative
Citation was served, shall be notified of the time and place of the hearing at least ten (10)
days before the hearing date. Either the Company/Driver or the JPA may request a
continuance of the hearing to a mutually agreeable date, but in no event may the hearing
begin later than sixty (60) days after the JPA receives a hearing request, accompanied by
deposit of the applicable fine or a completed Hardship Waiver application.
8. Hearing Officer. The Executive Director shall designate a Hearing
Officer to hear and decide appeals of Administrative Citations. This Hearing Officer
may, but need not, be an employee of the JPA. The employment, performance
evaluation, compensation, and benefits, if any, of this Hearing Officer shall not be
directly or indirectly conditioned upon the number of Administrative Citations or the
amount of administrative fines upheld by the Hearing Officer.
9. Hearing Procedure. On the date and at the time and place set forth in the
notice of hearing, the Hearing Officer shall conduct an orderly hearing and shall accept
evidence on which persons commonly would rely in the conduct of their business affairs.
Formal rules of evidence shall not apply. The party contesting the Administrative
Citation shall have the opportunity to testify and to present evidence, including witnesses,
concerning the alleged violation. Any other interested party may also present evidence.
The Hearing Officer shall limit the evidence to that which is relevant to establishing or
refuting the violation alleged in the Administrative Citation. If the Company/Driver or
any other interested person fails to attend the scheduled hearing, that person shall have
waived any right to present evidence on the matter. The Administrative Citation and any
other reports submitted by the Executive Director shall constitute prima facie evidence of
the facts recited in those documents. The Hearing Officer may take the matter under
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consideration, may continue the hearing, and may request additional information from the
Executive Director or from the Responsible Person. On the basis of a preponderance of
the evidence, the Hearing Officer shall determine whether to affirm or dismiss the
Administrative Citation. The Hearing Officer may not reduce, waive, or conditionally
reduce the fines established by the JPA. The Hearing Officer shall make findings based
on the record of the hearing, and shall issue a final written decision based on those
findings. The written decision shall be served upon the Company and/or Driver along
with notice regarding the right to further appeal. If the Hearing Officer affirms the
Administrative Citation, any period of suspension or revocation of the permit shall
commence and the JPA shall retain any fine deposited by the Responsible Person. If the
Hearing Officer affirms the Administrative Citation and the fine has not yet been
deposited because of an approved Hardship Waiver, the Hearing Officer shall specify in
the written decision a payment schedule for the fine, including the date upon which the
fine will be overdue. If the Hearing Officer dismisses the Administrative Citation, any
fine deposited with the JPA shall be promptly refunded.
11. Appeal. Any person aggrieved by an administrative decision of a
Hearing Officer may obtain review of that decision by filing a petition for review in the
Marin County Superior Court, according to the requirements of,Government Code
Section 53069.4.
12. Administrative Citation Collection. For any violation of these
Regulations, the fine imposed by an Administrative Citation shall be One Hundred
Dollars ($100.00) for a first violation; Two Hundred Dollars ($200.00) for a second
violation of the same provision of these Regulations within a twelve-month period; and
Five Hundred Dollars ($500.00) for each additional violation of that same provision
within a twelve-month period or such higher amount as may be authorized by California
Government Code Section 36900(b). Fines for Administrative Citations shall be payable
directly to the JPA and are due immediately upon service of the Administrative Citation.
Such fines constitute a debt owed to the JPA. Payment of the fine associated with any
Administrative Citation shall not excuse the violation, nor shall it bar other or further
enforcement activity by the JPA. Any fine paid for an Administrative Citation shall be
refunded if it is determined after a hearing that the violation charged in the
Administrative Citation did not exist or occur. If payment of a fine is not received by the
JPA within thirty (30) days of its due date, the fine is overdue unless a timely hearing
request including an application for a Hardship Waiver has been filed. If a Hardship
Waiver application is denied, the fine is overdue unless the full amount is deposited
within ten (10) days of service of the written decision denying the Hardship Waiver, or
within thirty (30) days from the date of the Administrative Citation, whichever is later. If
a Hardship Waiver is granted, but the hearing officer affirms the Administrative Citation,
the Hearing Officer shall set forth a payment schedule for the fine that shall specify the
date on which the fine becomes overdue. In such case, the fine shall be overdue on that
date, unless a timely appeal from the Hearing Officer's determination is filed with the
Marin County Superior Court. If any such appeal is dismissed, or if the decision of the
court affirms the Administrative Citation, the fine shall be overdue ten (10) days after
service by the court or by the City of notice of entry of judgment or of dismissal, or
twenty (20) days after entry of judgment or of dismissal, whichever is first. A late
penalty equal to 50% of the total fine shall be assessed for any overdue fine.
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13. Other Remedies. The remedies set forth in this section are not
exclusive. Each Agency has the authority to enforce the provisions of the Program
within its jurisdictional boundaries in accordance with the applicable provisions of its
own Municipal Code. In addition, the JPA may collect past due fines for Administrative
Citations, and penalties for late fines, by the use of the small claims court or by any other
legal remedy.
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