HomeMy WebLinkAboutMC-14801
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ORDINANCE NO. MC -1480
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 2.43 AND AMENDING SAN BERNARDINO MUNICIPAL CODE
CHAPTER 5.76 RELATED TO BUREAU OF FRANCHISES, TAXICABS, AND NON-
EMERGENCY VEHICLES
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the new Charter retains all existing departments and offices within the
city until changed by ordinance, and established a Council/Manager form of government,
assigning to the City Manager the power to establish City departments subject to approval of
the City Council and prescribe their functions; and
WHEREAS, the City Council in implementing the new charter provisions has
evaluated the community's need for various committees and commissions and desires to
eliminate some bodies and consolidate others to increase efficiency and preserve scarce
resources; and
WHEREAS, the City Council has determined that the duties of the Bureau of
Franchises will be transferred to City staff.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.43 of the San Bernardino Municipal Code relating to
Bureau of Franchises is hereby repealed.
SECTION 2. Chapter 5.76 of the San Bernardino Municipal Code — "Taxicabs,
Ambulances and Chartered Vehicles" is hereby amended in the following respects only:
Chapter 5.76
TAXICABS AND NON -EMERGENCY MEDICAL VEHICLES
Sections:
5.76.010 Short Title
5.76.020 Definitions
5.76.030 Permit -Required
5.76.040 Permit -Petition for Requirements -Filing Fees
5.76.050 Permit - Issuance — Hearings
5.76.060 Permit - Issuance - Increase in service
5.76.070 Transfer of Certificates
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5.76.080 Notice of Amendments
5.76.100 Only Authorized Service Permitted
5.76.110 Revocation, Suspension and Cancellation of Permits - Notice — Hearing
5.76.130 Display of Permits
5.76.140 Insurance - Non -Emergency Medical Transportation Vehicles
5.76.170 Advertising
5.76.180 Availability of Service
5.76.190 Cruising and Loading
5.76.200 Rates - Taxicab Service
5.76.210 Medical Transportation Rates
5.76.230 Rates — Established
5.76.240 Change in rates
5.76.250 Discrimination of rates prohibited
5.76.260 Rates to be displayed
5.76.270 Refusal to Pay Fare
5.76.280 Drivers
5.76.290 Investigation of Drivers
5.76.300 Identification of Vehicles
5.76.310 Identity Lights
5.76.320 Route - Passenger Limit in Taxicabs
5.76.330 Equipment - Inspection
5.76.340 Taximeter required - Inspection — Operation
5.76.360 Receipt to be Given Upon Request
5.76.370 Transaction Records
5.76.380 Inspection of Records
5.76.390 Taxi stands - Application for - Standing Restricted
5.76.400 Taxi stands - Issuance of Permits
5.76.410 Taxi Stands - Permits subject to Revocation
5.76.420 Taxi Stands — Authorized Use Only
5.76.430 Taxi Stands - Application Fee — Exemption
5.76.440 Taxi Stand Maintenance Fee
5.76.530 Drivers of Wheelchair Passenger Transportation Vehicles or a
Transportation Van for the Disabled
5.76.575 Application to City
5.76.580 Enforcement
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5.76.020 Defmitions
For the purpose of this Chapter, the following terms shall be deemed and construed to
have the meanings respectively ascribed to them in this section, unless from the particular
context it clearly appears that some other meaning is intended:
1. "Advertise" means to give public notice either by publication in a
newspaper, or by means of handbills, placards, or other written public notice or call to
the public attention by any means whatsoever.
2. "Ambulance" means any privately owned emergency motor vehicle
equipped or used for the purpose of providing medical care and medical transportation,
primarily intended for and used for emergency transportation, but shall not mean a
funeral coach or hearse.
3. "Carrier" means and includes every person, firm, corporation, partnership,
joint venture or other form of business organization engaged in operating, or causing
to be operated, any vehicle required by the provisions of this Chapter of the City, as
amended, to be covered by a permit.
4. "City" means the City of San Bernardino, California.
5. "Compensation" as used in this Chapter means and includes any money,
thing of value. payment, consideration, reward, tip, donation, gratuity or profit paid.
accepted or received for transportation of a person or persons or for services rendered,
whether paid upon solicitation, demand or contract, or voluntarily, or intended as a
gratuity or donation.
6. "Dialysis transportation vehicle" means any privately owned motor vehicle
which is equipped and used exclusively for the purpose of medical transportation of
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passengers requiring treatment for end stage renal disease at any licensed
Hemodialysis Unit.
7. "Driver" means and includes every person driving, operating or in charge of
any vehicle regulated by this Chapter.
8. "Driver's permit" means the permit issued by the Chief of Police to any
person operating or driving any vehicle regulated by this chapter.
9. "Disabled transportation van" means a vehicle equipped as a wheelchair
transportation vehicle used for the public transportation of disabled persons over the
streets of the City but not over defined routes pursuant to an agreement with the City.
10. "Medical transportation vehicle" means any vehicle included in the
definition of an ambulance, a dialysis transportation vehicle or a wheelchair passenger
transportation vehicle, which is used for medical transportation.
11. "Non -Emergency Medical transportation" means the transportation for hire,
except by taxicab or ambulance, of any passengers who may be wounded, sick,
injured, ill, incapacitated, infirm, an expectant mother, or dead person, to or from any
office, facility or institution which regularly offers any type of non -emergency medical
care or service.
12. "Person" means and includes persons, firms, corporations, associations,
syndicates, joint ventures, joint stock companies, partnerships and any other form of
business organization.
13. "Street" means and includes every public street, road, alley, place, way or
highway in the City.
14. "Taxicab" means and includes every vehicle used for the public
transportation of passengers over the streets of the City, but not over defined routes,
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irrespective of whether such operations extend beyond the City, whether or not
compensation is paid for such transportation, and whether or not the charge to patrons
is determined and indicated by the mechanical calculation of a taximeter as defined in
subsection 15 of this section.
15. "Taximeter" means a mechanical instrument or device by which the charge
for hire of a taxicab is mechanically calculated, either for distance traveled, or for
waiting time, or both, and upon which such charge is plainly registered by means of
figures, indicating dollars and cents.
16. "Taxi stand" means a place on a public street designated by the City for the
use, while awaiting employment, of a vehicle covered by this Chapter.
17. "Temporary driver's permit" means a permit issued by the Chief of Police
to any person to temporarily operate or drive any vehicle regulated by this Chapter.
18. "Wheelchair passenger transportation vehicle" means any privately owned
motor vehicle equipped or used for the purpose of medical transportation of
passengers confined to a wheel chair who are unable to be transported in a normal
manner by taxicab or private automobile, but do not require the use of a stretcher, litter
or ambulance cot. The use of a stretcher, litter or ambulance cot or other device for the
transportation of passengers in a reclining position is prohibited in a wheelchair
passenger transportation vehicle.
5.76.030 Permit -Required
It is unlawful for any person to drive, operate or cause to be operated, or to employ,
permit or allow another to drive, operate or cause to be operated, any taxicab, or non-
emergency medical transportation vehicle over any street of this City regardless of whether
such operation extends beyond the boundary limits of the City, or to advertise for, solicit,
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induce, persuade, invite, or procure such transportation of passengers, or sick or injured
persons for non -emergency transportation without first obtaining a permit from the City,
subject to the exceptions set forth in the following subsections:
A. A vehicle or medical transportation vehicle which is lawfully transporting a
passenger or a patient from a point outside the City to a destination within the City, or
en route to a destination outside the City, is excepted; provided, that no such vehicle
shall solicit or accept a passenger or patient from within the City for transportation to
any destination whatsoever without such permit.
B. Any private medical transportation vehicle accepting and transporting a
patient within the City when such private medical transportation vehicle has been
requested or summoned by any police, fire, or civil defense authority or has been
informed by the person requesting such transportation that no permittee hereunder is
willing or able to render such transportation and the Police Department of the City has
been notified that such transportation will be made is excepted; provided, that the City
may revoke the permit of any permittee refusing such transportation unless the
following conditions exist:
1. The permittee has notified the City in writing of the time and date of
each such refusal and the reasons therefore on or before the tenth day of the
following month; and
2. The City finds that the permittee refusing service was not able by
reason of unavailability of equipment and personnel to render such service. In
making this finding, the City may require the permittee to furnish any further
information reasonably necessary for such determination.
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C. A vehicle being operated pursuant to franchise issued by the authority of the
State Public Utilities Commission or Interstate Commerce Commission is excepted.
D. A vehicle being operated for the purpose of transporting bona fide pupils
attending an institution of learning between their homes and such institution is
excepted.
E. A vehicle being operated under what is commonly referred to as a " ride
share" plan or arrangement, as where a person en route from his place of residence to
his place of business, or vice versa, transports another person living and working in the
same general vicinity upon payment of a sum estimated to cover the actual or
approximate cost of operation of the vehicle is excepted.
F. A vehicle rented or leased for self -operation by a person using such vehicle
under a plan commonly known as "U -Drive" unless it is used by such person to
transport other persons for compensation, is excepted.
G. Any ambulance or medical transport vehicle maintained, owned or operated
by any firm, corporation, copartnership or individual engaged in any business other
than the ambulance business in this City, which ambulance or medical transport
vehicle is maintained, owned or operated exclusively or primarily for the use and
benefit of officers, servants or employees of such firm, corporation, co -partnership or
individual is excepted.
H. Any disabled transportation van operated pursuant to an agreement with
the City subject to the terms, covenants and conditions of such agreement and any
applicable rules and regulations adopted by the Mayor and City Council provided,
that such rules and regulations may be modified or amended by the Mayor and City
Council at any time.
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5.76.040 Permit - Petition for - Requirements - Filing Fees
A. Any person desiring a permit to operate vehicles regulated by this Chapter shall file
a petition therefore with the Finance Department. Such petition shall be verified by
oath of the applicant, if a natural person; or by oath of an officer or partner of the
applicant, if the applicant is a corporation, partnership, association or unincorporated
company, and which petition shall set forth the name, age, and address of the
petitioner, if a natural person, or if a corporation, its name, date and place of
incorporation, address of its principal place of business, and the names of all its
officers together with their respective residence addresses; or if a partnership,
association or unincorporated company, then the names of the partners or persons
comprising the partnership, association or company, together with their respective
ages and residence addresses. The petition shall also state the trade name or style, if
any, under which the applicant proposes to operate; full information pertaining to the
extent, character and nature of the proposed operation; and the manner in which such
proposed operations are to be conducted; the type, model, capacity and condition of the
vehicles proposed to be operated; a full statement of the petitioner's assets and liabilities;
and such other or additional information as the Finance Department may require.
B. The Finance Department shall, upon receipt of such petition, make full and
complete inquiry into the facts set forth therein, hold a hearing thereon upon such
notice to interested persons as it shall prescribe, and shall either grant or deny a permit
upon the proposed terms, or upon terms other than those proposed. Such permit shall
be for a specified number of vehicles which shall only be increased by authority of the
Finance Director. Such permit may, at the pleasure of the City, be for a prescribed
period or for an indefinite period; provided, that in either event the permit shall be
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subject to revocation, or suspension, as provided in this Chapter or other ordinances of
the City. When issued, such permit shall constitute evidence of compliance with the
terms of this Chapter, and shall authorize the permittee to operate vehicles under the
conditions therein specified; subject, however, to the requirements, obligations and
limitations imposed by other applicable laws, ordinances, and shall become effective
only upon payment of the fees required by the provisions of all ordinances or
resolutions applicable thereto.
C. At or before the time the petition is filed with the Finance Department, the
petitioner shall pay to the Finance Department a filing fee of five hundred dollars, plus
ten dollars for each vehicle proposed to be covered by the permit, or such amount as
may subsequently be set by Resolution of the Mayor and City Council.
5.76.050 Permit - Issuance - Hearings
No permit shall be granted to any carrier, as defined in Section 5.76.020, except after a
hearing thereon, conducted under and in accordance with such rules and regulations as may,
from time to time, be prescribed therefore by the Mayor and City Council and until the Finance
Department shall have determined that the public convenience and necessity require the
operation proposed by the applicant for such permit. The Finance Department, in determining
whether or not such facts exist, shall take into consideration the public demand for such
service, the adequacy or inadequacy of service being rendered by other carriers, the effect of
such service upon traffic, the financial responsibility of the applicant, the amount of wages to
be paid to employees, the character of equipment proposed to be furnished, and any and all
other facts which the Finance Department may deem relevant. Before granting any such
permit, the Finance Department shall require its authorized officer to present an oral or written
report which shall include his or her opinion as to the existence of public convenience and
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necessity for the operation proposed by the applicant. However, the burden of establishing the
existence of public convenience and necessity shall always be borne by the applicant, and no
I permit shall be issued unless there has been an affirmative showing of the existence of such
public convenience and necessity by such applicant. The foregoing provisions and
requirements shall also apply where an increase in service is requested.
5.76.060 Permit - Issuance - Increase in Service
A. If the Finance Department finds that further service in the nature of that proposed in
the City is required by the public convenience and necessity, then each holder of a
certificate to operate taxi and/or non -emergency medical transportation vehicles in
said class shall be notified as to the total increase in the number of such vehicles for
which the convenience and necessity is found. The Finance Department shall then
determine, subject to approval, reversal or modification thereof by the City Manager,
whether each such holder shall have the right to increase the number of such vehicles
in the same proportions that the total increase bears to the number of such vehicles
theretofore operated by the holder; or whether an applicant shall be granted a permit to
provide such service in accordance with the procedures herein provided upon the
condition that the applicant meets all the requirements of this Chapter.
B. In making the above findings and determinations, the Finance Department shall be
governed and limited by the following standards: Not more than one taxicab shall be
permitted for each two thousand five hundred residents of the City, or major portion
thereof.
C. The number of residents of the City shall be determined by the current population
estimate of the California Department of Finance.
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D. The above limitation of not more than one vehicle for the indicated number of
residents means one operating vehicle during each hour of any day.
5.76.070 Transfer of Certificates
A. No permit or certificate of public convenience and necessity shall be sold,
transferred, assigned, mortgaged or otherwise conveyed without the approval of the
Finance Department, and the sale, assignment, mortgaging, transfer or otherwise
conveying any such certificate without the approval of the Finance Department first
had and obtained shall revoke the certificate. Any successor, transferee or assignee
shall comply with each requirement and condition of the permit or certificate.
B. Any aggrieved and interested party may appeal to the City Manager from a decision
of the Finance Department made pursuant to this section, by filing a written notice of
appeal with the Finance Department within ten (10) days of the challenged decision.
The City Manager shall provide a hearing of such appeal, with notice and opportunity
to present evidence, witnesses, and arguments. The formal rules of evidence shall not
apply. The City Manager shall issue a written decision explaining the basis of his or
her decision on the appeal and a copy of the written decision shall be mailed to the
appellant.
5.76.100 Only authorized service permitted
It is unlawful for any carrier granted a permit under this Chapter to conduct any
operation or give any service other than the service authorized by its permit granted by
the City.
5.76.110 Revocation, suspension and cancellation of permits - Notice - Hearing
A. The Finance Department shall have the power to suspend or revoke any or all of the
carrier permits granted under the provisions of this Chapter when it has determined
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that any of the provisions hereof have been violated, or that any holder of such a
permit has failed to comply with the terms of such permit or the rules and regulations
of the City pertaining to the operation, character and quality of the service, of any such
vehicles. Before revocation of such permit, the carrier shall be entitled to a hearing
thereon before the Director of Finance and shall be notified thereof.
B. Notice of hearing on such proposed suspension or revocation shall be in writing and
shall be served at least five days prior to the date of the hearing thereon, such service
to be upon the holder of such permit, or its manager, or agent, and which notice shall
state the grounds of complaint against the holder of such permit and shall also state the
time when and the place where such hearing will be held. In the event the holder of
such permit cannot be found, or service of such notice cannot be made upon it in the
manner herein provided, then a copy of such notice shall be mailed, postage fully
prepaid, addressed to such carrier at its last known address, at least five days prior to
the date of such hearing.
5.76.130 Display of Permits
A. There shall be displayed upon each vehicle operated pursuant to the terms of this
Chapter a numbered permit, for the current year, to be issued by the City upon payment of the
required license fee. Each such permit shall be securely attached on the rear of any vehicle
and shall be plainly visible at all times.
B. In the event of loss or destruction of any such permit, a renewal permit shall be
secured by payment to the Finance Department of a fee of two dollars for each such permit, or
such fee as shall be subsequently set by Resolution of the Mayor and City Council, but no
such renewal permit shall be issued except upon application to the Finance Department, and
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establishing by clear and satisfactory proof that the permit being replaced has been lost or
destroyed.
C. A current and complete description of each vehicle on which a permit is attached or
may be attached and displayed shall be filed on an approved form with the Finance
Department.
5.76.140 Insurance - Medical Transportation Vehicles
No carrier which operates non -emergency medical transportation vehicles, wheelchair
passenger transportation vehicles, disabled transportation van, or dialysis transportation
vehicles shall operate, or permit to be operated, any vehicle under the provisions of this
Chapter, unless and until such vehicle is covered by the insurance requirements set forth
below, and the policy of such insurance or a certificate thereof, in an insurance company
approved by the City, has been filed with the Finance Department. Such policy or certificate
shall set forth with particularity the make, number and other identifying data of each vehicle
covered by such policy, together with the expiration date of such policy, and any other
information required by the Department of Finance. For non -emergency medical
transportation vehicles, wheelchair passenger transportation vehicles, disabled transportation
vans, or dialysis transportation vehicles, two million dollars combined single incident public
liability and property damage insurance is required.
5.76.160 Numbering of vehicles
Each vehicle operated pursuant to the terms of this Chapter shall be numbered.
Such number shall be painted upon the body of the vehicle in numerals not less than four
inches nor more than six inches in height in a position, or positions, approved by the Finance
Department. A City permit shall be attached to each vehicle.
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5.76.170 Advertising
No advertising or advertising device shall be placed on or in any vehicle operated
under this Chapter without the approval of the Department of Finance.
5.76.200 Rates - Taxicab Service
The rates or fares to be charged the public for taxicab service shall not be more than
the maximum rates established by resolution of the Mayor and City Council.
5.76.210 Medical Transportation Rates
The rates which shall be charged the public by non -emergency medical transportation
carriers shall be such as are prescribed in the carrier's permit, and shall not exceed the
maximum rates sets forth in the schedule for such charges fixed by resolution adopted by the
Mayor and City Council. All rate changes subsequently adopted shall be adopted only after a
duly noticed public hearing is held relating thereto.
5.76.230 Rates - Established
No rate or fare shall be placed in effect, charged, demanded or collected by any carrier
for the transportation of passengers by vehicle for its services as regulated by this Chapter
until the Mayor and City Council, after a hearing upon its own motion, or upon application, or
complaint, has found and determined the rate to be just, reasonable and nondiscriminatory,
nor in any way in violation of any provisions herein contained or any provisions of law. In
establishing and authorizing such rates or fees, the City shall take into account, and give due
and reasonable consideration to the cost of all comparable transportation services performed
by all persons, firms or corporations engaged in such transportation services for compensation
in the City, whether by virtue of any franchise granted by the Finance Department or
otherwise, including length of haul, any additional transportation service performed, or of any
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accessory service, and to value of the facilities reasonably necessary to perform such
transportation service.
5.76.250 Discrimination of Rates Prohibited
It is unlawful for any carrier, or any agent or employee thereof, or any driver or
operator of any vehicle regulated by this Chapter, to charge, collect, demand, receive, arrange,
solicit, or bargain for any amount of compensation in excess of, or less than, the rates or fares
established and authorized by the City.
5.76.260 Rates to be Displayed
Every vehicle used or operated under this Chapter shall, at all times, have displayed
therein, in a location and manner approved by the Finance Department, the rates to be charged
for such service, and which rates shall always be visible.
5.76.280 Drivers
A. Vehicles covered by this Chapter shall be operated only by the carrier, if a person,
or by a person employed by the carrier, or by a person authorized by lease, contract or other
arrangement with a carrier to operate a vehicle under such carrier's permit; each such
authorized person shall be subject to and comply with all the applicable provisions of this
Chapter, and no carrier shall impose upon such person any contractual terms or conditions
inconsistent with those set forth in this Chapter. If the applicant is not an employee, the
proposed arrangement, contract or lease under which such authority is to be exercised shall be
submitted in writing to the Finance Department. The Finance Director shall, after he or she
has conducted or caused to be conducted such review and investigation as he or she deems
necessary, approve or reject the proposed arrangement, contract or lease and shall
communicate his or her decision to the applicant within ten days after the proposed
arrangement, contract, or lease has been submitted. If the Finance Director fails to
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communicate an adverse decision to the applicant within ten days after the proposed
arrangement, contract, or lease has been submitted, it shall be deemed rejected. If the Finance
Diretziorrejects the proposed arrangement, contract, or lease, the applicant may request in
writing a hearing before the City Manager. The request for a hearing shall be submitted to the
City Clerk within five days after the decision of the Finance Director has been communicated
to the applicant. The Finance Department shall promptly notify the applicant of the time and
place of the hearing which shall not be more than thirty days after the request for hearing has
been submitted. The hearing shall be conducted informally pursuant to the provisions of
section 5.76.070(B) hereof. The decision of the City Manager shall be final. No arrangement,
contract or lease shall be approved if any of the terms thereof are not in conformity with the
provisions of this Chapter.
B. Such approval may be withdrawn by the City Manager by the mailing of a ten-day
notice of intention to the carrier and the driver, subject to the right to request a hearing under
the same procedures and standards for the original approval. This provision permitting the
withdrawal of approval shall he deemed to be a part of each such arrangement, contract or
lease when so approved and neither the carrier nor the driver shall have any legal recourse or
right of action arising out of such withdrawal of approval.
C. A person authorized to operate under carrier's permit by arrangement, contract or
lease shall be deemed to be an independent contractor and shall obtain a City business license.
5.76.290 Investigation of Drivers
A. The Chief of Police shall conduct an investigation concerning the background,
conduct, behavior, and character of any applicant to drive a vehicle under a carrier's permit or
of any driver while operating a vehicle under a carrier's permit in order to present facts or
information to aid the Finance Director in determining whether the prospective or continued
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operation of a vehicle by a driver would be detrimental to the health, safety, peace, general
welfare, or convenience of the public.
B. The investigation report shall be forwarded to the Finance Director, who may
utilize the report to determine whether to approve or reject an arrangement, contract or lease
relating to an applicant or whether such approval should be withdrawn pursuant to Section
5.76.280.
5.76.310 Identity Lights
Every taxicab shall be equipped with an identity light attached to the top of such
taxicab. The identity light shall be constructed in one unit consisting of an illuminated plate or
cylinder upon which is printed the words "For Hire," or as approved by the Finance
Department. The overall dimensions of such identity light shall not exceed six inches in height
by twenty inches in length. The lights of the identity light unit shall be operated automatically
or manually to illuminate the identity light when the taximeter is not in operation, indicating
the cab is vacant and for hire, and to extinguish the identity light when the taximeter is in
operation. It is unlawful to drive or operate any taxicab with such identity light illuminated
while carrying passengers for compensation, and it is unlawful to drive, operate or be in
charge of, any taxicab unless such identity light is illuminated when such taxicab is for hire.
None of the foregoing provisions requiring the identity light to be illuminated shall apply
during daylight hours.
5.76.320 Route - Passenger Limit in Taxicabs
A. Every driver of a taxicab 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 the hirer.
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B. When a taxicab is engaged, the person or persons engaging such taxicab shall have
the exclusive right to the full and complete use of the passenger compartment, and it is
unlawful for the carrier, or driver of the taxicab to solicit, or carry additional passengers
therein except with the express consent of each of said persons; provided, however, that where
the Finance Department finds that public necessity requires the grouping of passengers in such
taxicabs, the Finance Department may issue a special written permit, which permits shall
specifically set forth the rules and regulations under which such passenger grouping is
permitted. It is unlawful for any driver or carrier to operate, or permit to be operated, any
taxicab in violation of any of the rules and regulations set forth in such special permits.
C. The number of adult passengers which may be carried in any vehicle covered by
this Chapter shall be limited to the seating capacity of such vehicle as specified by the
manufacturer. The number of passengers consisting of children attending schools below the
level of junior high schools, which may be carried in any vehicle covered by this Chapter shall
be limited to the adult seating capacity of such vehicle, as specified by the manufacturer, plus
one. No person shall be carried in such vehicle who is required to share in any way the seating
space occupied by another, nor shall any person be carried who is not provided a seat.
5.76.330 Equipment - Inspection
All vehicles operated by any carrier as defined in Section 5.76.020 shall, before being
placed in service, be approved by the Finance Department. All such vehicles shall be of a
design and type of construction as shall comply with orders and regulations pertaining to such
equipment adopted from time to time by the Finance Department. Such vehicles shall at all
times be kept in a clean and sanitary condition and in a good state of repair, and shall be
subject to inspection at all times by the Finance Department, or its representative. Any vehicle
which becomes unsafe, unclean, or unserviceable, or mechanically defective shall be retired
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from service upon order of the Finance Department, and no vehicle which has been so retired
shall be again operated in such service except with approval of the Finance Department.
5.76.340 Taximeter required - Inspection - Operation
A. It is unlawful for any carrier to operate, or cause to be operated, any taxicab in the
City unless and until such taxicab is equipped with a taximeter of a type and design approved
by the Finance Department, and it shall be the duty of the carrier operating such taxicab, and
also the driver thereof, to keep such meter operating at all times within such standard of
accuracy as may be prescribed by the Finance Department. No passenger shall be carried in
any such cab unless the taximeter is in operation. This provision shall apply regardless of
whether the taxicab is engaged for a trip entirely within the boundaries of the City or partially
outside thereof, and such meter shall be kept operating continuously during the entire time
that it is engaged in the transportation of passengers for compensation; provided, that when
the point of destination is outside the boundaries of the City from a point within the
boundaries, the rate charged for the trip outside of the boundaries may be a flat rate in
accordance with a schedule approved by the Mayor and City Council.
B. The taximeter shall be placed in each taxicab so that the reading dial showing the
amount to be charged shall be well lighted and readily discernible to a passenger riding in any
such taxicab.
C. Every taximeter used in the operation of taxicabs shall be subject to inspection at
any time by the Finance Department or any of its representatives. Upon discovery or notice
from the Finance Department of any inaccuracy of such taximeter, the operator thereof shall
remove, or cause to be removed, from service any vehicle equipped with the taximeter until
such taximeter has been repaired and accurately adjusted or replaced with one approved by
the Finance Department.
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D. The carrier shall cause each taximeter to be inspected and tested for accuracy at
least once every six months. Upon the completion of such inspection and of any adjustments
necessary to cause such taximeter to operate within the standards of accuracy approved by the
San Bernardino County Department of Agriculture/Weights and Measures, the carrier shall
cause to be placed upon such meter a gummed label having printed thereon the following:
"This taximeter was inspected and tested on (date) and found to comply with the standard of
accuracy prescribed by the San Bernardino County Department of Agriculture/Weights and
Measures." The date on which such inspection was made shall be stamped in the blank space
provided for that purpose. No such label shall be removed except at the time a subsequent
inspection is made. The standard of accuracy prescribed by the Finance Department for each
taximeter shall be the same standard established by the San Bernardino County Department of
Agriculture/Weights and Measures.
E. It is unlawful for any driver of any taxicab, while carrying passengers, to display
Ithe flag attached to the taximeter in such a position as to denote that such vehicle is not
employed, or to fail to throw the flag of the taximeter to a position indicating the vehicle is
unemployed at the termination of each and every service.
F. All charges for taxicab service shall be calculated and indicated by a taximeter and
at all times while the taxicab is engaged, the flag of the taximeter shall be thrown into a
position to register charges for mileage, or into a position to register charges for waiting time.
No taximeter shall be used whose mechanism will register a combined charge for mileage and
waiting time in any single position, and no taximeter shall be so operated as to cause any
charge to be registered thereon except during the time while the taxicab is engaged by a
passenger, or passengers.
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5.76.370 Transaction Records
The holder of a franchise covered by this Chapter shall keep a complete and accurate
record of each trip showing the time and place of origin and destination of the trip, the number
of passengers carried, the mileage and the amount of fare or charge collected.
5.76.380 Inspection of Records
The Finance Department shall have the right to inspect any and all books and records
of any carrier at any and all reasonable times, and any carrier under this Chapter shall keep
adequate and complete books and records providing such detail as shall be required by the
Finance Department, and failure to keep and maintain such books and records shall be
grounds for suspension of any license or permit issued under this Chapter.
5.76.390 Taxi stands - Application for - Standing Restricted
It is unlawful for any carrier, or driver of any vehicle operated pursuant to the terms of
this Chapter, to stand, or permit to stand, any such vehicle while awaiting employment in
front of any residential property, except when answering a call for service at such residential
property, or to stand, or permit to stand, such vehicle at any other place designated by the
Finance Department.
5.76.400 Taxi stands - Issuance of Permits
Permits may be issued by the Finance Department to carriers operating pursuant to the
terms of this Chapter allowing the vehicles of such carriers, while awaiting employment, to
stand at certain designated places upon the streets of the City; provided, however, that no such
permit shall be granted except upon the written application of the carrier desiring such stand,
filed with the Finance Department, stating the proposed location of such stand. Any
application for a taxi stand may be acted upon by the Finance Department without notice
providing such application is accompanied by the written consent of the occupant of the first
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floor of any building of that property in front of which it is desired to establish such vehicle
stand, or if any such building is a hotel, the written consent of the manager of the hotel, or if
there is no building on the premises in front of which it is desired that such vehicle shall stand,
or if there is a building and the first floor is not occupied, then the written consent of the
owner, agent, or lessee of such building or premises. In the event that the occupant, manager,
owner, agent, or lessee hereinabove mentioned refuses, fails or neglects to grant consent to the
establishing of a taxi stand at the location proposed, the Finance Department shall set a time
of hearing on such application, which shall be not less than ten days nor more than thirty days
from the time of filing such application, and each and every person qualified under these
provisions to make or offer a formal objection to establishing such taxi stand at the location
proposed shall be notified in writing not less than five days prior to said hearing, at which
time he shall be given an opportunity to be heard. Notwithstanding the failure or refusal of the
occupant, manager, owner, agent, or lessee as herein above mentioned to grant consent to the
establishing of a taxi stand in front of the building or premises as proposed, or any formal
objection offered thereto, the Finance Director, with input from the City's designated traffic
engineer, and with the approval of the City Manager, shall have the right to grant or deny any
application for a taxi stand.
5.76.410 Taxi stands - Permits Subject to Revocation
All permits for taxi stands so issued shall contain a provision to the effect that they are
and they shall be subject to revocation by the Finance Department with the approval of the
City Manager at any time.
5.76.430 Taxi stands - Application Fee - Exemption
All applications for taxi stands, or for relocations thereof, shall be accompanied by a
fee of ten dollars for each stand to be established or relocated, or such fee as may be
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subsequently set by Resolution of the Mayor and City Council. Applications for relocation
shall be processed in like manner as an original permit. In addition to the filing fee of ten
dollars, or such fee as may be subsequently set by Resolution of the Mayor and City Council,
each application shall contain an agreement on the part of the applicant to reimburse the City
for all expenses incurred in locating or relocating a taxi stand, such reimbursement to be made
promptly upon being billed by the City.
5.76.440 Taxi Stand Maintenance Fee
In addition to all other fees established by this Chapter, there shall become due and
payable on November 1 st and shall become delinquent on the following January 1 st of each
year a taxi stand maintenance fee of fifteen dollars per year, or such fee as may be
subsequently set by Resolution of the Mayor and City Council, for each taxi stand assigned to
such carrier in return for which the City shall cause each such taxi stand to be maintained by
having them painted twice each year.
5.76.580 Enforcement
Upon the granting of any permit to any carrier as provided by this Chapter, a copy of
such permit shall be transmitted by the Finance Department to the Chief of Police, who is
charged with the duty of enforcement of all provisions of this and other ordinances pertaining
to the operation of vehicles for hire.
SECTION 3. Except as modified herein, the remaining provisions of Chapter 5.76 of
the San Bernardino Municipal Code shall continue in full force and effect.
SECTION 4. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
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SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause. }iiurase. or word 111 this Ordinance Or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 6. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (3 0) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 2.43 AND AMENDING SAN BERNARDINO MUNICIPAL CODE
CHAPTER 5.76 RELATED TO BUREAU OF FRANCHISES, TAXICABS, AND NON-
EMERGENCY VEHICLES
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
I e day of April 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
k
C*)
ABSTAIN ABSENT
Georgea Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this 18`h day of April 2018.
R. Carey Dav' , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By t--�
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