CHAPTER 10.66 - TAXICABS#
Footnotes:#
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Editor's note— Ord. No. 865B, § 2, adopted May 22, 2012, amended Ch. 10.66 in its entirety to read as set out herein. Former Ch. 10.66, §§ 10.66.010—10.66.180, pertained to similar subject matter and derived from Ord. 818B, § 2(part), adopted in 2007; Ord. No. 860-B, § 1, adopted Feb. 28, 2012.
10.66.010 - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Chief of police" means the chief of police of the city of Lincoln Police Department or his/her designee.
"Driver" means every individual who operates any taxicab. A driver can include an employee of an employer, who independently owns the taxicab and operates under the auspices of an employer, or has independently contracted with an employer to operate the taxicab pursuant to a lease, license or any other form of agreement.
"Employee" shall include self-employment as an independent driver.
"Taxicab" means every motor propelled vehicle operated solely or mainly for the transportation of passengers for hire within the boundaries of the city, irrespective of whether the operation extends beyond the boundaries of the city. In considering whether a taxicab operates within the city boundaries, the operator's advertising in and for service within the city, the fare's point of origin in the city, and attempts to actively seek business in the city will be considered presumptive of operating a taxicab within the city of Lincoln. Taxicabs shall not include shuttles operated by a hotel or motel which are offered exclusively to guests of that hotel for no additional compensation.
"Taxicab stand" means a public place which has been designated by the public services director or his/her designee as reserved exclusively for the use of taxicabs.
"Taximeter" means a meter instrument or device attached to a taxicab which mechanically measures, calculates and registers, by means of figures, the fare, the distance traveled and the waiting time upon which the fare is based, in dollars and cents.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.020 - Taxicab license required, exclusions, violations, conditions.#
(a) License Required. No person, business, firm, partnership, association or corporation shall operate any taxicab on the public streets of the city of Lincoln without first obtaining a taxicab license from the chief of police. Each taxicab license shall be valid for one year, unless suspended or revoked, and must thereafter be renewed annually.
(b) Exclusions for Taxicabs Licensed in Other Jurisdictions. This chapter shall not apply to any taxicabs for hire duly licensed by any city, county, or other public entity which may enter the city of Lincoln for the purpose of delivering passengers who have hired said taxicab within a jurisdiction in which said taxicab is licensed to operate, provided, however, that no such taxicab shall accept or be hired by any passenger while in the city of Lincoln.
(c) Exclusions for Hotel/Motel Shuttles. This chapter shall not apply to shuttles operated by a hotel or motel which offers transportation exclusively to guests of said establishment for no additional compensation.
(d) Violations. Any person, business, firm, partnership, association or corporation operating a taxicab without a taxicab license may be guilty of a misdemeanor and subject to a fine of $250.00 for an initial violation. Each violation thereafter within the same year may be subject to a fine of $500.00. Such fines are not exclusive of any other actions the city may take to prevent further violations of any of the sections of this chapter.
(e) Conditions.
(1) Employment, or an offer of employment, as a taxicab driver within the city of Lincoln shall be a condition of issuance of the taxicab license.
(2) The most recent proof of certification of testing for controlled substances and alcohol occurring within the previous six months shall be a condition of issuance and renewal of the taxicab license.
(3) The taxicab license shall become void upon termination of employment.
(4) The taxicab license shall state the name of the employer.
(5) The employer shall, within five business days, notify the police chief upon termination of employment of a taxicab driver.
(6) The driver shall, within 15 calendar days, return the taxicab license to the police chief upon termination of employment.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.030 - No transferability.#
No taxicab license issued under this chapter shall be assigned to, or used by, any person or vehicle other than the person or vehicle named in such license.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.040 - Testing for controlled substances and alcohol.#
A driver shall test negative for controlled substances and alcohol as required by applicable state statutes as a condition of issuance and renewal of the taxicab license.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.050 - Qualifications for a license.#
Each applicant for a license to operate a taxicab shall possess the following qualifications:
(1) Be 21 years of age or older;
(2) Have good eyesight and be free from any debilitating illness or disease which would affect his or her ability to safely operate a taxicab, including freedom from addiction to the use of intoxicating liquors or narcotics;
(3) Be able to speak the English language; and
(4) Possess a valid California driver's license.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.060 - Application—Information required.#
Each applicant for a license to operate a taxicab shall provide the following information on a form supplied by the chief of police:
(1) A copy of the proposed driver's California driver's license which reflects the driver's current information;
(2) Places of previous employment for the five years preceding the date of application;
(3) Whether or not applicant has been convicted of any felony or a misdemeanor involving moral turpitude;
(4) A copy of the proposed Driver's fingerprints which may be taken at the city's police department; and
(5) Photographs of the proposed driver, as set forth in Section 10.66.080.
The application shall be signed by the proposed driver under penalty of perjury and filed with the chief of police. The most recent proof of certification of testing for controlled substances and alcohol occurring within the previous six months shall also be submitted with the application.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.070 - Applicant—Misrepresentation of facts prohibited.#
Any person knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in applying for a taxicab license may be guilty of a misdemeanor.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.080 - Applicant—Photographs required.#
Each applicant for a taxicab driver's license shall file two recent photographs of the proposed driver, of a size that may be easily attached to the taxicab license. One of such photographs shall be attached to the license when issued, and shall be carried at all times when driving a taxicab within the city. Such photograph shall be attached to the license so that it cannot be removed and another photograph substituted without detection. The other photograph shall be filed with the application.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.090 - Display of license and photograph.#
The taxicab license and driver's photograph shall be posted in full view of the passenger at all times while said driver is operating the taxicab.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.100 - License fee.#
The applicant shall submit a non-refundable fee of $50.00 per year for a taxicab driver's license, which sum shall be paid to the city's police department, and used for covering the costs of processing the application. Such fee may be increased as necessary, by resolution of the city council.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.110 - Grounds for denial, suspension, or revocation of license.#
(a) The chief of police may refuse to issue a taxicab driver's license, or may suspend or revoke any such license, for any of the following reasons:
(1) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material or detail;
(2) The applicant fails to complete the application form after having been notified of the additional information or documents required;
(3) The required application fee has not been paid;
(4) Upon the Driver being convicted of a violation of Sections 20001, 20002a, 20002b, 23103, 23152, 23153, 23220, or 23222 of the Vehicle Code of the state of California;
(5) Upon any two or more convictions within one year for any moving violation of the Vehicle Code of the state of California while driving such taxicab;
(6) Upon the driver being convicted of any crime involving physical violence or moral turpitude;
(7) If the driver is operating without the required insurance or vehicle registration;
(8) If the driver tests positive for controlled substances or alcohol;
(9) If the driver violates or fails to comply with the terms and conditions of the taxicab license;
(10) Upon violation of any other provision of this chapter or any local or state law, statute, rule, or regulation relating to his or her licensed activity.
(b) The chief of police shall render a decision to issue or deny a request for a license within 30 days of the filing of the completed application and payment of the application fee.
(c) Prior to suspending or revoking a taxicab license for violation of any provision of this chapter, the chief of police shall conduct a hearing, if the driver so requests in writing and pays the appropriate filing fee as set forth by resolution of the city council. If the chief of police suspends or revokes a taxicab license after a hearing, the driver may, by written notice to the city clerk and payment of the filing fee, within ten calendar days of the date of mailing the chief of police's suspension or revocation order, appeal the suspension or revocation to the city council. The decision of the city council shall be final. A driver whose taxicab license has been revoked shall not be qualified or permitted to apply for a new license until one year after the date of the revocation.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.120 - Trade name to be marked on taxicab; top lights.#
There shall be displayed on both exterior sides of a taxicab, in full view of prospective customers, the following:
(1) The business name and telephone number of the holder of the taxicab license, in letters not less than two inches in height and width; and
(2) A rate schedule in the following format:
| First Mile: | (fee)* |
| Add'l Miles: | (fee/mi.)* |
*Subject to taximeter
Each letter and number in the first two lines of the above format shall be not less than one and one-half inches in height and width. The third line of the above format shall be in letters not less than three-quarters of an inch in height and width. In letters not less than one and one-half inches in height and width and adjacent to the schedule required above, any additional types of fees to be charged and the amount of such fees, may be stated.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.130 - Permission required to pick up additional passengers.#
It is unlawful for a taxicab driver who has been hired by a passenger or group of passengers to pick up additional passengers without the express permission of the passenger or group of passengers who first hired the same.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.140 - Public liability insurance.#
(a) In order to insure the safety of the public, it is unlawful for any person to operate or permit to be operated any taxicab upon any street in the city unless there is in full force and effect a public liability insurance policy meeting the requirements of this section. A certificate of insurance evidencing such policy shall be on file with risk management. Failure to have such evidence of insurance on file shall render any license granted pursuant to this chapter void.
(b) The policy required by this section shall insure such person and property against loss or damage in the amount of $1,000,000.00, in a combined single limit policy from an insurer authorized to do business in the state of California.
(c) Such policy shall contain an endorsement that the insurance company issuing such policy will not allow it to be canceled for any purpose without first serving written notice within 30 days of such cancellation or modification upon the city. The service of such notice shall be by registered mail, addressed to risk management.
(d) A certificate on file with risk management evidencing such policy must be kept current and valid. Certificates of renewals or new policies issued after such license is granted shall be filed with risk management. No other documents shall be accepted as proof of insurance. It is unlawful to operate a taxicab without having current valid proof of public liability insurance on file with risk management.
(e) Proof of automotive insurance must be kept in the cab during operation of the vehicle. Proof of automotive insurance must be made available upon request by an officer or in the event of a traffic accident, be made available to the other parties involved in the accident.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.150 - Taxicab stands—Authority to designate.#
The chief of police, under the advise of the public services director or his/her designee, is authorized to designate taxicab stands for the sole use and occupancy of such individuals or companies operating taxicabs in the city. The chief of police, in designating spaces for use as taxicab stands, shall be guided by the parking requirements of all vehicle operators, and shall not unduly restrict the parking facilities in the city in designating such stands.
The public services director shall place signs at such stands reading "Taxi Stand, No Parking" when such parking spaces are so signed, it is unlawful to park any vehicle except a taxicab at such stands.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.160 - Taximeters.#
No owner or driver of any taxicab operated in the city shall operate a taxicab without an equipped taximeter. The taximeter shall be kept and maintained to be accurate at all times. The charge for any service to any patron of a taxicab shall be calculated and indicated by such taximeter, which shall be placed in each taxicab so that the reading dial showing the amount to be charged shall be readily discernible by the passenger. The chief of police is authorized to investigate such taximeter and upon discovery of any inaccuracy, to remove from service any vehicle equipped with such taximeter until such taximeter is accurately adjusted and resealed in conformance with this section.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.170 - Schedule of fares.#
The owner of every taxicab operating in the city shall file with his or her application for a license a schedule of fares to be charged for the transportation of passengers in vehicles operated by such owner. Such owner shall not change the fare without first filing such changed fares with the city clerk, at least 30 days prior to the effective date of such change. No person shall charge any other compensation for the use of such taxicab than that specified in the schedule of fares on file with the city clerk and at the time in effect.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.180 - Vehicle inspection.#
(a) Before a license is issued to a driver, the chief of police may require a vehicle safety inspection to ensure any vehicle used as a taxicab is in safe operating condition. At the discretion of the chief of police, the inspection may be completed by designated city staff or a licensed repair facility. Any cost for the safety inspection and demonstration of a certification that the taxicab was inspected shall be the responsibility of the applicant.
(b) Vehicle safety inspections will take place on an annual basis and are required for renewal of a license.
(Ord. No. 865B, § 2, 5-22-2012)
10.66.190 - Violations.#
Except as otherwise specified in this chapter, violation of this chapter is a misdemeanor.
(Ord. No. 865B, § 2, 5-22-2012)