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HomeMy WebLinkAboutOrd 1269ORDI ANCE NO. 1269 ORDINANCE AMENDING CHAPTER 6.36 OF THE BURLINGAME MUNICIPAL CODE -REGULATION OF TAXICABS The City Council of the City of Burlingame does ordain as follows: Section 1. Chapter 6.36 of the Burlingame Municipal Code, establishing regulations for the operation of taxicabs is hereby amended to read as follows: "Chapter 6.36 TAXICABS 6.36.010 Definitions 'PAXICAB means a motor -propel passenger -carrying vehicle of a distinctive color or colors and which is of such public appearance as is customary for taxicabs in common usage in this country, and which is operated at rates per mile or upon a waiting time basis or both, and which is equipped with a taximeter, and which motor -propelled vehicle is used for th transportation of passengers for hire over and along the public streets, not over a defined route, but as to route and destination in accordance with, and under the direction of the person hiring such vehicle. DRIVER means every person in charge of, or operating, any taxicab as herein defined, either as owner or employee or under the direction of owners or employees. OWNER means every person who in any manner has the proprietary use, ownership or control of any taxicab. -1- TAXIMETER means a mechanical device attached to a vehicle for hire, by means of which device, the authorized charge for hire of such vehicle is mechanically calculated on the basis of distance traveled, or for waiting time, or a combination of both, which charges shall be indicated upon such mechanical device, by means of figures in dollars and cents. DRIVER means every person in charge of, or operating, any taxicab as herein defined, either as owner or employee or under the direction of owners or employees. OWNER means every person who in any manner has the proprietary use, ownership or control of any taxicab. -1- 6.36.020 Permit required - Application It shall be unlawful for any person to engage in the business of operating any taxicab in the City of Burlingame without first having obtained from the License Collector a permit therefore, and a City Business License. All persons applying for such permit._. shall file with the Council a verified application which shall set forth: 1. Name and address of the person making application 2. The name of the taxi company; 3. A description of the proposed color scheme, insignia, or any other distinguishing character- istics of the taxicab; This application shall be accompanied by a Certificate of Insurance meeting the requirements of this Chapter... and a twenty- five dollar application fee. 6.36.030 Discontinuance of business cancels permit. If the service permitted hereunder is for any reason discontinued for a period of forty-five days, the permit granted shall be automatically cancelled and shall be restored in accordance with the provisions of this chapter. 6.36.040 Revocation or suspension of permit. The City Council may at any time revoke or suspend the permit granted: (l.) If the owner's record accordance with the provisions of this chapter. (3.) Lf the owner discontinues or suspends operation of taxicabs for a period of forty-five days without permission fir is.unsatisfactory. (2.) If the owner fails to operate taxicabs in accordance with the provisions of this chapter. (3.) Lf the owner discontinues or suspends operation of taxicabs for a period of forty-five days without permission fir had and obtained. all be the duty of every (4.) If taxicabs are operated at a rate of fare above ::maximum approved by the City Council. 6.36.050 A. TAXIP4ETER It shall be unlawful for any ner or driver to operate any taxicab in the City of Burlingame less and until such vehicle is equipped with a taximeter, and it all be the duty of every owner operating a taxicab to maintain _ ch taximeter in perfect condition so that it will at all times _2_ correctly and accurately indicate the correct charge for the distance traveled and waiting time. Such taximeter shall be at al. times subject to inspection by the San Mateo County Sealer of Weights and measures. B. DIAL OF TAXIMETER. Every taximeter shall be equipped so as to register the cost of transportion of passengers in the City and the taximeter shall be so placed in the taxicab that the reading dial showing the amount to be charged may be readily seen by the passengers in the taxicab. It shall be unlaw- ful for any owner, driver, or operator of a taxicab in the City to charge any sum in excess of the amount shown on the dial for conveyance in the taxicab. C. TAXIMETER FLAG. It is unlawful for a taxicab driver while carrying passengers to display the flag or the device attached to the taximeter in such position as to denote that the vehicle is for hire or to cause the taximeter to record when the vehicle is not actually employed or to fail to cause the device on the taximeter to be placed into a nonrecording position at the termination of each and every service. D. RATES. It is unlawful for the owner or driver of any taxicab in the City to fix, charge or collect for a service a rate more axxiags than the following: (1.) For the first one-seventh of a mile or fraction thereof, one dollar and forty, cents, (2.) For each additional one-seventh of a mile, or ter fraction (i.e., one eighth mile) twenty cents; (3.) When carrying passengers whose point of destinat- is different, the meter shall be turned back Co the or hire'° tion each time a passenger is discharged and a fare collected; (4.) For waiting time a charge may be_made at the to not to exceed sixteen dollars per hour, as is indicated on taxicab meter to the nearest ten cents, and is to be included in the total registered fare; provided the waiting time charged not apply to traffic delays or crossing delays for train sage. -3- 6.36.060 Safe maintenance of taxicabs - Inspection. All public passenger vehicles for hire shall be under the super- vision and control of the Chief of Police, and he shall not permit any driver to operate any taxicab in the City while the same or any equipment used thereon, or therewith, is unsafe, defective or in an unsanitary condition, and every taxicab shall be at all time subject to the inspection of any police officer of the City. Every taxicab shall be safety checked by an independent auto service or repair facility at least once every twelve months; written proof of the safety check shall be carried in each vehicle 6.36.070 Insurance. Each owner shall carry liabilit insurance in the amount of not less than $1,000,000, naming the �uch insurance shall be primary to all City additional insured; Evidence of current insurance shall be on file with the City Clerk at all times. 6.36.080 Revocation of permit for violations. The !'•Chief of Police may revoke and cancel, without previous notice, any permit granted hereunder, whenever an owner or driver violates any of the provisions of this chapter. The owner of the permit thus revoked may, within ten days thereafter, appeal from such order of revocation to the City Council, who shall, after due notice to the owner, hear and determine the matter, and their decision therein shall thereupon become final. Any person whose permit is thus revoked shall not be eligible to apply for another for a period of one year from the date of such revocation. 6.36.090 Driver to take direct route to destination. '!.Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passengers to their destination, safely and expeditiously. 6.36.100 Failure to pay lawful fare. It is unlawful Ifor any person, except where credit is extended, to refuse to pay the lawful fare, as fixed herein, for the use of any taxicab, afte hiring the same. 6.36.110 Refusal of service. It is unlawful for any driver, operating under a permit issued pursuant to the terms of this chapter, to refuse, when the vehicle is in service and not -4- otherwise engaged, to provide service to or from any location in the City or to refuse to transport any person who presents himself for carriage in a sober and orderly manner and for a lawful purpose. 6.36.120 Driver's permit required. It is unlawful for any person to operate or drive a taxicab in the City of Burlingame without having first obtained written permission to do so from the Chief of Police. To secure such permission, a written application must be filed with the Chief of Police and accompanied by a deposit of ten dollars. 6.36.130 Grounds for denying or revoking a driver's permit. The Chief of Police may not issue a permit and may revoke a permit theretofore granted: (1.) If the applicant is under eighteen years of age; or (2.) If the applicant does not possess a valid driver's license issued by the State of California; or (3.) If the applicant is a reckless driver or has been convicted of reckless driving or driving. while under the influence of intoxicating liquors or narcotics; or (4.) If the applicant is guilty or has been convicted of a felony or crime involving moral turpitude;o (5.) If the applicant. violates any provisions of this chapter. 6.36.140 Issuance of driver's permit. Display. ;,Upon satisfying the foregoing requirements, the applicant shall be fingerprinted, and his record filed in the office of the Police Department, and thereupon a permit shall be issued, which permit shall be fixed in a conspicuous place in the taxicab so as to be seen from the passenger's compartment, and which said permit shall set forth the name, address, and telephone number of the owner of the taxicab. 6.36.150 Change of employment by driver. If a driver '!changes his employment to a different owner, he shall within twenty-four hours thereafter, notify the Chief of Police for the purpose of having his driver's permit changed so as to properly designate the name of the new employer. -5- Section 2. This ordinance shall be blished as required by law. 6.36.160 Expiration and renewal of driver's hermit. Burlingame, When issued, the driver's permit shall be valid for one year from the date of issuance, unless the same has been revoked for any of the causes set forth in this chapter. The driver, in making application for a renewal of his permit, shall follow the same procedure as set forth in making his original application. He shall pay the fee of five dollars for the issuance of the renewal permit. Section 2. This ordinance shall be blished as required by law. 21st I, JUDITH A. A4ALFAT^1I, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 21st day of February ,1984, and was adopted thereafter at a regular meeting of the City Council held on the 5th day of March 11984, by the following vote: 'AYES: COUNCILMEN: BARYON, MANGINI, MARTIN NOES: COUNCILMEN: AMSTRUP, PAGLIARO ABSENT: COUNCILMEN: NONE City