HomeMy WebLinkAbout94-15 CC OrdinanceORDINANCE NO. 94-15
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA ADDING CHAPTER 12.08 TO
THE MUNICIPAL CODE RELATING TO TAXICABS
12.08.610
12.08.611
12.08.612
12.08.613
12.08.614
12.08.615
12.08.616
12.08.617
12.08.618
12.08.619
12.08.620
12.08.621
12.08.622
12.08.623
12.08.624
12.08.625
12.08.626
12.08.627
12.08.628
12.08.629
12.08.630
12,08.631
12.08,632
12.08.633
Def'mitions
Operator Permit-- Required
Operator Permit-- Insurance Required
Operator Permit -- Color Scheme
Operator Permit -- Vehicle Inspection
Operator Permit -- Fee
Driver Permit
Permit -- Authority
Permits -- Denial, Revocation or Suspension
Permit-- Duration
Appeals
Rules, Regulations and Fees
Use of Top Light
Information Display
Identification Display
Route -- Number of Passengers
Taximeter -- Accuracy
Taximeter -- Use
Taximeter -- Misuse
Receipt of Fare
Street Stands
Operation by Other Than Owner or Employee
Rates
Administrative Enforcement and Penalties
Ords 94-15 1
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapter 12.08, Taxicabs, is hereby added to the Temecula Municipal Code to
read as follows:
Section 12.08.610 Definitions
AS USED IN THIS CHAPTER:
A. "Business License Officer" (BLO) means Finance Officer for the City of Temecula.
B. "Driver" means an individual engaged by an Operator to drive a Taxicab. "Driver"
includes every person driving any passenger-carrying or motor-propelled vehicle, either as an
owner-operator, contractor, franchisee, agent, employee, or otherwise.
C. "Driver Permit" means a permit issued by the BLO to an individual, permitting that
person to drive a Taxicab upon the streets of the City of Temecula.
D. "Operator" means a person or entity engaged in the business of providing
transportation services for hire through the use of Taxicabs. An Operator may be an owner or an
agent, contractor, licensee, or franchisee of an owner.
E. "Operator Permit" means a permit issued by the City of Temecula authorizing an
Operator to provide transportation services for hire through the use of one or more Taxicabs
within the City of Temccula.
F. "Owner" means the person or entity identified as the Owner of a Taxicab on the
Certificate of Title issued by the California Department of Motor Vehicles (DMV).
G. "Street" means any place commonly used for the purpose of public travel.
H. "Street Stand" means a portion of a street designated by the City of Temecula for
the use, while awaiting employment, of any Taxicab, except for locations at which a stand is
located within the boundaries of any airport.
I. "Taxicab" means every automobile or motor-propelled vehicle, is equipped with
a Taximeter, and/or is used for the transportation of passengers for hire over the public streets of
the City of Temecula, and not over a defined route, irrespective of whether the operations extend
beyond the boundary limits of the City of Temecula, at rate for distance traveled or for waiting
time, or for both, and the vehicle is routed under the direction of the passenger or of the person
Ords 94-15 2
hiring same. Taxicabs shall not include a charter-party carrier of Passengers within the meaning
of the Passenger Charter-Party Carriers' Act, Chapter 8 (commencing with Section 5351) of
Division 2 of the Public Utilities Code. "Taxicab" shall not include limousine services regulated
by the Public Utility Commission.
J. "Taximeter" means a device that automatically calculates, at a predetermined rate
or rates, and indicates the charge for hire of a vehicle, either for distance traveled or for waiting
time, or for both.
K. "Top Light" means illuminated sign, attached to the top of a Taxicab, which, when
illuminated, clearly indicates whether or not the Taxicab is vacant and available for hire.
Section 12.08.611 Operator Permit - Required
A. It is unlawful for any person to operate, or cause to be operated, a Taxicab without
having first obtained an Operators Permit from the Business License Officer (BLO) as provided
in this ordinance. The Operator Permit shall include a list of the Vehicle Identification Number
("VIN") of the Taxicabs which have passed the vehicle safety inspection required by this
ordinance and amendments thereto and only vehicles so listed on the Operator Permit may be
operated as Taxicabs within the City of Temecula.
B. The Operator shall maintain with the City of Temecula a current list of all Drivers
authorized to operate any vehicle listed in its Operator Permit. The Operator shall update the list
no less frequently than monthly by reporting additions and deletions of names of the drivers from
its most recent list.
C. Operators are required to ensure that all drivers operating a taxicab listed in their
Operator Permit are familiar with the provisions of this ordinance as amended from time to time
and with all regulations adopted by the City of Temecula from time to time. Operators shall
promptly notify their drivers of any changes in the provisions of this ordinance and regulations
adopted to implement it.
D. Operators shall provide the address where the vehicles, proposed to be used as
Taxicabs in the business, are to be regularly garaged when not in use. Where facilities are located
in the City of Temecula, operators must comply with all zoning and other applicable ordinances
regulating the conduct of business and/or garaging of Taxicabs within the City of Temecula.
Section 12.08.612 Operator Permit -- Insurauce Required
A. Before any Operator Permit required by this chapter is issued for a prospective
operator, the owner shall procure and maintain, at its cost, comprehensive general liability and
property damage insurance, against all claims for injuries against persons or damages to property
Ords 94-15 3
which may arise from or in connection with the operation of Taxicabs by the operator, its agents,
representatives, employees, franchisees, or subcontractors. If applicable, the operator shall also
carry Workers' Compensation Insurance in accordance with the State of California Workers'
Compensation laws.
B. The policies shall contain or be endorsed to contain the following provisions:
1. General I.iability and Automotive l.iability Coverage:
a. The City of Temecula its officials, officers, employees, and
volunteers are to be covered as insured for liability related to:
(1) Activities performed by or on behalf of the operator;
(2) Premises owned, occupied, or used by the operator; and
(3) Automobiles owned, leased, hired, or borrowed by the
operator. The coverage shall contain no special limitations on the scope of protection afforded
to the City of Temecula, its officers, officials, employees, agents, representatives, or volunteers.
b. The operator's insurance coverage shall be primary insurance as
respects the City of Temecula, its officers, officials, employees, agents, representatives, and
volunteers. Any insurance or self-insurance maintained by the City of Temecula, its member
entities, their officers, officials, employees, agents, representatives, or volunteers shall be in
excess of the operator's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policy shall
not affect coverage provided to the City of Temecula, its officers, officials, employees, and
agents.
d. Operator's insurance shall apply separately to each insured against
whom a claim is made or a suit is brought, except with respect to the limits of the insurer's
liability.
2. All Coverage:
a. Each insurance policy required by this section shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage
or in limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City of Temecula.
Ord~ 94-15 4
b. Operator shall furnish the City of Temecula duplicate originals of
policies and endorsements effecting the coverage required hereunder. The policies and
endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf. At the City of Temecula's option, endorsements and any certificates of insurance required
by the City of Temecula shall be on forms provided or approved by the City Attorney.
All endorsements and certificates are to be received and approved by the City of Temecula prior
to the operation of any Taxicab by the operator in the City of Temecula.
c. Operator shall include all agents, contractors, franchisees, or other
sub-operators ("Sub-operators") as may be permitted by the City of Temecula, as insured under
its policies or shall furnish separate certificates and endorsements for each sub-operator. All
coverage for such sub-operators shall be subject to all of the requirements stated herein.
d. The procuring of such insurance or the delivery of endorsements and
certificates evidencing the same shall not be construed as a limitation of the operator's obligation
to indemnify the City of Temecula, its officers, officials, employees, agents, representatives, and
volunteers.
e. The amount of insurance required hereunder shall be:
(1) for personal injury or death in any one accident or
occurrence, seven hundred fifty thousand dollars ($750,000);
(2) for the damage or destruction of property in any one accident
or occurrence, seven hundred fifty thousand dollars ($750,000).
3. Sufficiency of Insurer:
Insurance required by this section shall be satisfactory only if insured by companies
qualified to do business in California.
Section 12.08.613 Operator Permit -- Color Scheme
A. All Taxicabs operating under an Operator Permit shall be of distinctive appearance
such as is in common usage in this country for Taxicabs or shall clearly indicate that the vehicle
is offered for the use of transportation of passengers for hire.
B. No Operator Permit shall be issued to any person or entity whose color scheme,
name, monogram or insignia to be used on its Taxicabs is in conflict with, or imitates, any color
scheme, monogram, name, or insignia used by another person or entity operating with an Operator
Permit within the City of Temecula city limits in such a manner as to be misleading to, or which
would tend to deceive or defraud the public.
Ords 94-15 5
Section 12.08.614 Vehicle Inspection
A. The owner of a taxicab shall have the vehicle inspected by a licensed mechanic
within sixty (60) days of applying for an initial permit or permit renewal. No permit or renewal
thereof shall be granted unless the applicant presents a signed and dated statement from a licensed
mechanic, and/or licensed service technician who inspected the vehicle certifying that the vehicle
and its safety systems are in safe operating condition. Vehicle inspections required for initial
permit or permit renewal shall include, but are not limited to, fire extinguisher, motor, tires,
brakes, safety restraints, upholstery and general cleanliness. The BLO may establish and publish
vehicle safety inspection standards and procedures which will apply to initial and renewal permits.
The vehicle safety inspection shall be valid for a period of one (1) year. Every taxicab shall at
all times be subject to inspection by any City police officer.
B. Whenever an Operator proposes to add a vehicle or substitute a vehicle for an
existing vehicle on the Operator Permit, the Operator shall, prior to placing the vehicle in
operation as a Taxicab, submit to the BLO a signed statement as referenced above indicating that
the vehicle is in a safe operating condition. The BLO shall verify the VIN of said vehicle, and
shall amend the Operator Permit to include said vehicle. Each addition or substitution shall
require a fee as established by resolution.
C. Every taxicab must be accompanied by a copy of the statement as referenced above
certifying that the vehicle and its safety systems are in safe operating condition. Every taxicab
shall be equipped at all times with a fully charged standard type ABC class fire extinguisher in
good working condition.
D. The taxicab business must keep and maintain a maintenance log on every taxicab.
The maintenance log must include the following information:
1. A record of brake inspection, the name and address of the garage that
performed the inspection, the date of the inspection; and
2. Any other inspection or maintenance performed on the Taxicab vehicle or
its safety systems. The garage mechanic must sign and date the maintenance log after each
appointment. The maintenance log must be kept at the Taxicab Business principal office and be
available for review by the BLO. Records shall be maintained for at least three (3) years prior
to the date of the last entry in the log.
Section 12.08.615 Operator Permit -- Fee
At the time of issuance of an Operator Permit, the operator shall pay the Operator Permit
Fee as established by resolution of the City Council.
Ords 94-15 6
Section 12.08.616 Driver Permit
A. It shall be unlawful for any person to drive a Taxicab for hire, unless he or she
shall apply for and obtain, from the Business License Officer at the City of Temecula, a Driver
Permit.
B. An applicant for a Driver Permit shall pay the appropriate fee and complete an
application form which shall contain the following information:
1. Applicant's full name, address, and age;
2. A listing of all equivalent permits which have been issued to the applicant
by any other governmental agency;
3. Applicant's height, weight, sex, and color of eyes and hair;
4. The number, class and expiration date of applicant's California Driver's
License; any restrictions thereon, if any; and whether any license of applicant has been revoked,
refused, or suspended, the reasons therefore, and the disposition of such matters.
5. All criminal convictions other than minor traffic violations, including dates
of conviction and the court where the conviction was rendered;
6. Authorization for the City of Temecula, its agents or employees to seek
information and conduct an investigation into the qualifications of the applicant.
C. At the time the applicant submits an application for a Driver Permit, the applicant
shall be photographed and fingerprinted by the Temecula Police Department.
D. At the time the application is submitted, the applicant shall pay the Driver Permit
Fee as established by resolution of the City Council to cover the administrative costs of the City
of Temecula processing the application as required by this section. No Driver Permit application
shall be processed without the payment of such fee.
E. Applications for a Driver Permit shall be referred to the Temecula Police
Department for the purposes of conducting a local criminal background check. The local law
enforcement agency shall conduct a criminal background check and submit a recommendation to
the BLO that the application be granted or denied. A recommendation for denial by the Temecula
Police Department may only be based on the applicant's conviction of an offense enumerated in
Section 12.08.618.
Ords 94-15 7
F. In the event of a recommendation for denial of an application for a Driver Permit,
the applicant may, within ten (10) days of notification of such recommendation, apply to the
Appeal Committee for a hearing and reconsideration of such recommendation in accordance with
the procedures set forth in Section 12.08.620.
G. A copy of the application along with the fingerprint card shall also be referred to
the California Department of Justice for a general criminal background check. If the results of
a general criminal background check indicate that the applicant has been convicted of any criminal
charge enumerated in Section 12.08.618, the BLO may revoke any Drivers Permit.
H. An applicant eighteen years of age or older holding a valid California Driver's
license is entitled to a Driver Permit provided that the following conditions are satisfied:
1. The local law enforcement agency conducting the criminal background
check recommends granting the permit, and;
2. The applicant successfully completes any driver certification requirements
established by the BLO.
I. The Driver Permit shall be valid for a period of one (1) year unless suspended,
revoked or surrendered, within the one (1) year period.
Section 12.08.617 Permits -- Authority
The BLO shall have the power to grant, deny, suspend, or revoke any of all of the permits
and approvals required by or authorized by this Ordinance when, in the exercise of reasonable
discretion, it has determined that the applicant has or has not complied with all the provisions of
this Ordinance relating to the granting of permits.
Section 12.08.618 Permits -- Denial, Revocation or Suspension
A. The BLO may, and the BLO is hereby authorized to deny, suspend or revoke any
of the permits and approvals mentioned in this Ordinance when the permittee:
1. Has not complied with the provisions of the Ordinance, or;
2. Has knowingly made a false statement of fact required to be revealed in an
application for such permit, or;
3. Has charged rates other than those which the permittee has on file with the
City of Temecula, or;
Ords 94-15 8
4. Has violated any of the rules and regulations of the City Council or the BLO
pertaining to the operation of Taxicabs, or;
5. Has been convicted of a crime, if the crime is substantially related to the
qualifications, functions, or duties of an Operator or Driver. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
Any action which the BLO is permitted to take following the establishment of a conviction may
be taken when the time for appeal has elapsed, or the judgement of conviction has been affirmed
on appeal, or when an order granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code.
B. Crimes which are substantially related to qualifications, functions, or duties of an
Operator and Driver include, but not limited to, the following:
1. Reckless driving; murder; rape; vehicular manslaughter; a violation of
California Vehicle Code Sections 20001, 20002, or 20003 or any corresponding substitute
sections; robbery; a violation of California Penal Code Section 314 or any corresponding
substitute section; pandering; crimes related to the use, sale, possession, or transportation of
controlled substances, narcotics or intoxicating liquors; assault; battery; or indecent exposure, or
comparable violations in other jurisdictions.
2. In addition to the crimes listed above, no permit shall be granted to an
applicant who has been convicted of three (3) or more hazardous moving violations within the
State of California, or comparable violations in other jurisdictions, within three (3) years previous
to submission of the application.
C. From the time of the revocation or during the suspension of an Operator Permit or
a Driver Permit granted under the provisions of this Ordinance, it is unlawful for any person
whose permit is suspended or revoked to operate or drive, respectively, a Taxicab within the City
limits until a new permit has been procured or until the period of suspension has expired.
Section 12.08.619 Permits -- Duration
A. All Operator Permits issued under the provision of this Ordinance shall be for a
period of one (1) year. Upon expiration of an Operator Permit, the operator may apply for a
renewal thereof for an additional year. An operator may be entitled to a one (1) year renewal of
the Operator Permit provided that the operator presents proof that each of the vehicles listed or
added to the permit have passed the vehicle inspection required by Section 12.08.614 within the
previous twelve (12) months, and the operator is otherwise in compliance with the remaining
requirements of this Ordinance and the regulations adopted by the City of Temecula pertaining
of Taxicabs.
B. All Driver Permits issued under the provisions of this Ordinance shall be for a
period of one (1) year. Upon expiration of a Driver Permit, the driver may apply for a renewal
thereof for an additional year. A driver shall be entitled to a one (1) year renewal of the Driver
Permit provided that;
Ords 94-15 9
1. The driver pays the permit renewal fee, and;
2. The driver has not been convicted of any of the crimes enumerated in
Section 12.08.618 during the proceeding year.
The rights of appeal provided for by Section 12.08.620 are available to a driver in the event that
renewal of his or her Driver Permit is denied based on the provisions of this section.
Section 12.08.620 Appeals
A. Any applicant for an Operator or Driver Permit whose application was denied by
the BLO, any holder of an Operator or Driver Permit whose permit has been suspended or
revoked by the BLO, and any Operator or Driver assessed administrative monetary penalties by
the BLO may appeal such action(s) under Section 5.04.200 of the Temecula Municipal Code.
Section 12.08.621 Rules, Regulations and Fees
A. The City Council shall have the authority to adopt and promulgate such rules and
regulations as may be necessary for the implementation of this Ordinance and as necessary for the
service and safety of the operation of Taxicabs within the City of Temecula and the passengers
carried therein. The City Council, by resolution, may delegate the promulgation of such rules and
regulations to the BLO.
1. IJM1TATION ON DRIVING HOURS. No person shall be on duty to drive
or available to drive a Taxicab for hire for more than twelve (12) consecutive hours. Regardless
of aggregate driving time, no driver shall be on duty to drive or available to drive a Taxicab for
more than twelve (12) hours in any 24-hour period unless eight consecutive hours off duty have
elapsed after the accrual of twelve (12) hours of such duty time.
2. FASTEN SEATBELT SIGN. In every Taxicab, there shall be a sign no
smaller than five (5) inches by seven (7) inches, stating that all occupants of the Taxicab,
including the driver, must wear his or her seatbelt at all times while the vehicle is in motion.
3. NO SMOKING. Driver shall not smoke while the taxicab is occupied,
without the consent of all passengers.
4. REFUSAL OF SERVICE. No owner or driver of any Taxicab licensed
under this Chapter shall fail or refuse, when in service and not engaged for hire, to transport to
an announced destination within the service area of the business which operates the Taxicab, and
at rates authorized in this Chapter, any person who presents himself for passage in an orderly
manner and for a lawful purpose. Notwithstanding the foregoing, a dispatcher or a driver of a
Taxicab shall have the right to refuse service to any person who refuses to provide call-back
information regarding any fare.
Ords 94-15 10
5. REFUSAL TO PAY FARE. No person shall refuse to pay the legal fare
for the hire of any Taxicab, after having hired the same. No person shall hire any vehicle
described in this Chapter with the intent to defraud the person from whom it is hired of the
charges or fare.
B. The City Council shall have authority to adopt a schedule of fees to be charged to
any applicant, permittee or prospective permittee in connection with activities Taxi Service under
this Ordinance.
Section 12.08.622 Use of Top !.ight
Each Taxicab shall have affixed to the top of the Taxicab an operable top light. The lights
of the top light shall be connected to the Taximeter so that the top light clearly indicates when the
taximeter is in operation.
Section 12.08.623 Information Display
A. Every Taxicab shall display an information card in full view of the passenger
compartment. The information card, which shall be approved by the BLO, shall bear the Owner's
name or the corporate or fictitious name under which the Owner operates, the business address
and telephone number of the owner, the operator's name or the fictitious name under which the
operator operates the business address and telephone number of the operator, a picture of the
driver, and the rates, including any surcharges, to be charged for the vehicle.
B. In addition to the information card, every Taxicab shall display a rate card in full
view of all passengers. The rate card shall state all of the following:
Temecula; and
The maximum hourly, base, per mile or other rate on file with the City of
2. The hourly rate, the rate per mile and the base or other rate charged by the
operator. "Base rate" for the purposes of this Ordinance shall mean the minimum charge to a
customer regardless of time or mileage, being that rate which is programmed to show in the
Taximeter when first activated.
C. The information contained in both the information and rate cards shall be printed
in type no smaller than twenty-four (24) point (1/4 inch).
Section 12.08.624 Identification Display
In addition to the posted rate, every Taxicab shall have conspicuously displayed thereon,
at one or more locations on the outside thereof, the name of the operator, or the corporate or
fictitious name under which the operator operates, the operator's (or company's) telephone
number, and the cab or vehicle number.
Ords 94-15 11
Section 12.08.625 Route -- Number of Passengers
A. Every driver who is engaged to carry passengers shall take the most direct route
possible that will carry the passengers safely and expeditiously to their destinations, unless
otherwise directed by a passenger.
B. When a Taxicab is engaged, the person engaging the Taxicab shall have the
exclusive right to the full and complete use of the passenger compartment, and it shall be unlawful
for the driver to solicit or carry additional passengers unless authorized by the person engaging
the Taxicab.
C. The driver of the Taxicab may transport two or more passengers who voluntarily
agree to share the vehicle from the same pickup point to one discharge point. A passenger who
first engages a Taxicab has the exclusive right to conveyance therein to his or her desired
destination and the driver may not solicit additional passengers without the express permission of
the first passenger.
D. For the purposes of this subsection, the term "adult passengers" is defined as a
person age thirteen (13) years of age or older. The number of adult passengers which may be
carried in a Taxicab shall be limited to the seating capacity of the vehicle as specified by the
manufacturer. The number of passengers consisting of adults plus children (age twelve years or
less) which may be carried in a Taxicab shall be limited to adult seating capacity of the vehicle
as specified by the manufacturer. No person shall be carried in a Taxicab who is required to share
in any way the seating space occupied by another, nor shall any person be carried who is required
to occupy a space in or on the Taxicab which is not a seat.
E. In no event shall the number of passengers carried interfere with compliance, and
the operator and the driver shall comply with, Vehicle Code Sections 27315(d) and 27360(c),
regarding the use of seat belts and child passenger seat restraints.
Section 12.08.626 Taximeter -- Accuracy
It shall be the duty of every owner and operator to at all times keep the Taximeter
accurate. It shall be certified as to its accuracy by the County of Riverside in accordance with
County requirements and a certificate to that effect shall be kept available for inspection in the
Taxicab. A true and correct copy of certificate shall be filed with the BLO. The Taximeter shall
be subject to inspection from time to time, by the BLO, or any peace officer. The BLO is
authorized, at his or her discretion, or upon information received from any peace officer, or upon
the complaint of any person, to investigate the Taximeter and to remove or cause to be removed
from the streets of the City of Temecula, any Taxicab upon discovery of a faulty or inaccurate
Taximeter, until the Taximeter has been adjusted and evidence of its accuracy has been presented
to the BLO.
Ords 94-15 12
Section 12.08.627 Taximeter -- Use
All Taxicabs must base their charges on Taximeters. All Taximeters shall be placed so that
the reading dial showing the amount to be charged is well lighted and readily discernible by the
passenger(s) riding in the Taxicab.
Section 12.08.628 Taximeter -- Misuse
A. It is unlawful for any driver, while carrying one (1) or more passengers, to fail to
activate the Taximeter as if the Taxicab is not employed, or to activate the Taximeter when the
Taxicab is not actually carrying one (1) or more passengers, or to fail to de-activate the Taximeter
at the termination of each and every service.
B. It is unlawful for any driver, upon initial engagement of a Taxicab for service by
a passenger(s), to fail to activate the trip counter of the Taximeter.
Section 12.08.629 Receipt for Fare
It is unlawful for the driver, upon receiving full payment of a fare, to refuse to give a
receipt upon the request of any passenger making the payment.
Section 12.08.630 Street Stands
A. The City of Temecula shall have the power of decision as to whether Street Stands
may be located within its boundaries and if so, their location or locations. The following
provisions shall apply to any Street Stand.
B. Taxicabs may stand while awaiting employment at any properly approved Street
Stand in accordance with the requirements of this Ordinance and such regulations as may be
adopted by the City of Temecula. No more than three (3) Taxicabs may be engaged in standing
at a Street Stand at any one time. While at a Street Stand, a Taxicab shall not have its engine
running unless necessary to control the interior temperature of the Taxicab.
Section 12.08.631 Operation by Other Than Owner or Employee
No Taxicab for which an Operator Permit has been issued shall be operated by anyone but
the owner thereof, or an employee, independent contractor, franchisee, or agent of the owner.
Section 12.08.632 Rates
Every owner operating Taxicabs in the City of Temecula under this Chapter shall at all
times keep on file with the City Clerk a schedule of current rates and proposed new rates, if any,
to be charged for the transportation of passengers. Reduced rates should be included for students,
Ords 94-15 13
seniors and the disabled. Such schedule of rates shall be effective ten (10) days after filing with
the City Clerk. The owner shall also cause to be printed, rate cards setting forth the current rates,
shall file one rate card with the City Clerk and shall cause a copy of the rate card to be
continuously on display in each Taxicab operating under the owner's certificate in full view of the
passengers.
Section 12.08.633 Administrative Enforcement and Penalties
A. Administrative Enforcement may be imposed as monetary penalties through civil
actions, by the BLO, in the exercise of his/her reasonable discretion, such enforcement is
appropriate under the circumstances.
B. In addition to the authority of the BLO contained in Section 12.08.617, to deny,
suspend or revoke any Driver or Operator Permit, the BLO shall have the power to impose
administrative monetary penalties for violations of this Ordinance or the regulations adopted to
implement it. In determining the amount of any administrative monetary penalty to be applied
to any particular violation, the BLO shall consider the gravity of the violation, the record of the
operator or driver involved and the harm threatened to the public by the violation.
C. The decision of the BLO shall be in writing and may be hand delivered or mailed
by regular mail to the operator and/or driver affected by the decision. In the event that the
decision is mailed, it shall be directed to the address of the driver and/or operator on fde with the
City of Temecula. For purposes of calculating the time for filing an appeal, notice shall be
deemed to be effected five (5) days from the date of such mailing counting the date on which the
notice was mailed. ff the notice is hand delivered to the permittee's address currently on file with
the City of Temecula such notice shall be deemed effective on the date of such delivery.
D. Any operator or driver may appeal the suspension or revocation of his or her permit
and the imposition of administrative monetary penalties to the Appeal Committee in accordance
with the procedures contained in Section 5.04.200 of the Temecula Municipal Code.
E. If an administrative monetary penalty remains unpaid for a period of fourteen (14)
days from the date of the BLO's decision, if there is no appeal, or from the date of the decision
of the Appeal Committee if there is an appeal, the permit of the operator or driver upon whom
the administrative penalty was imposed shall be suspended pending payment in full.
F. The BLO may specify that any suspension or revocation of permit shall remain in
effect, notwithstanding any appeal, for the protection of the public health, safety, or welfare.
Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining
provisions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any
one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Ords 94-15 14
Section 3.
A. The Business License Officer may issue temporary Operators Permits and Drivers
Permits pending issuance of the permanent Operators Permits and Drivers Permits. Any such
temporary permit shall expire upon repeal of this ordinance or upon the issuance of a permanent
permit to the holder whichever occurs first. Thereafter, temporary permits expire and all persons
must comply with the provisions of Chapter 12.08.
B. A temporary Operators Permit may be issued by the BLO if (1) the applicant
submits evidence of compliance with the insurance requirements of Section 12.08.612, (2) the
applicant submits evidence of compliance with the safety inspection requirements of Section
12.08.614 or the issuance of a current and valid safety certification by another city or county for
the vehicles being used as taxicabs, and (3) the applicant has requested in writing an application
for a permanent Operators Permit pursuant to Chapter 12.08 and has paid all required fees.
C. A temporary Drivers Permit may be issued by the BLO if (1) the applicant submits
evidence of compliance with all of the requirements for issuance or a Drivers Permit set forth in
Section 12.08.616 or submits evidence of a current and valid taxicab drivers permit from another
city or county, and (2) the applicant has requested in writing an application for a permanent
Drivers Permit pursuant to Chapter 12.08 and has paid all required fees.
D. The BLO may suspend or revoke a temporary permit for any reason set forth in
Chapter 12.08 and pursuant to the procedures specified in Chapter 12.08.
E. During the period from the enactment of this Ordinance until the repeal of this
ordinance the BLO shall have the authority to suspend or waive the requirements imposed by
Chapter 12.08 for such period as may be needed to provide for continued taxicab service and to
provide for an orderly transition to the new "regulatory system. ~
Section 4. This ordinance is adopted as an urgency ordinance pursuant to Sections 36934
and 36937 of the Government Code and shall take effect immediately upon its adoption. The City
Council of the City of Temecula finds, determines and declares that adoption of this ordinance as
an urgency ordinance is necessary for the immediate preservation of the public peace, health, and
safety based upon the following facts constituting the urgency:
A. The City of Temecula has been served by a number of taxicab companies since its
incorporation. People in Temecula have depended upon taxicab service to meet a portion of their
transportation needs. On May 19, 1994 the California Public Utilities Commission (PUC) notified
the City and the taxicab companies serving the City of Temecula that the companies could not
operate within the City of Temecula unless the City had a taxicab regulation ordinance in place
and had issued taxicab permit or permits for taxicab services were obtained from the PUC itself.
The PUC permit process is a lengthy one and does not address all of the concerns of the City as
does this ordinance.
Ords 94=15 15
B. Therefore, in order to provide continuous taxicab service for Temecula in
compliance with the PUC's directive, the City needs to adopt the taxicab relation ordinance as an
urgency ordinance effective Tuesday May 24, 1994 and issue temporary permits to Operators and
Drivers pursuant to this ordinance.
Section 5. The City Clerk shall certify to the adoption of this ordinance; shall cause the
same to be published in the manner required by law.
PASSEr}, APPROVED AND ADOPTED this 24th day of May, 1994.
Ron Roberts, Mayor
ATrF_ST:
[SEAL]
Ords 94-15 16
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing urgency Ordinance No. 94-15 was duly adopted at a regular meeting of the City
Council of the City of Temecula on the 24th day of May, 1994 by the following roll call vote:
AYES: 5
COUNCILMEMBERS:
Birdsall, Mufioz, Parks, Stone
Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
· Greek, City Clerk
Ords 94-15 17