Ordinance 13ORDINANCE N0. 13
AN ORDINANCE TO REGULATE THE RATE`>, RULES AND PRACTICES OF TAXICABS
OPERATING IN THE CITY OF CUPERTINC), PRESCRIBING TERMS AND CONDITIONS
UNDER WHICH SUCH OPERATIONS MAY BF; CONDUCTED; PROVIDING PENALTIES
FOR VIOLATION OF THIS ORDINANCE, ~.ND REPEALING CONFLICTING ORDINANCES.
THE CITY COUNCIL OF THE CITY OF CLfPERTINO DOES ORDAIN AS FOLLOWS:
Section 1 All owners or operator~~ of taxicabs equipped with a taxi-
meter or other fare-computing device shall adopt uniform and reasonable
schedules of charges for use of sL~ch taxicabs, based upon the distance
traveled, as may be indicated by ~~uch taximeters or fare-computing
devices, which schedules of fares or tariffs shall be filed from time
to time with the City Clerk, and ;hall be subject to approval and
review by the City Council. It sY~a.ll be unlawful to charge, collect
or receive any other or different fare for the use of such taxicabs
than that specified in such tariff' or fare schedule and so recorded by
such taximeters or other fare-computing devices. Such tariffs shall
not be amended except with the consent of the City Council.
Section 2 All owners or operatorti> of taxicabs not so equipped, and
which operate on a flat fare or zone basis, shall file with the City
Clerk reasonable and uniform tariffs or schedules of fares, describing
the zone or zones in which they a~~ply. Such tariff or schedule of
fares shall be subject to approval.. and review by the City Council. It
shall be unlawful to charge, co1lE~ct, or receive any other or different
compensation for the use of such taxicab than that specified in the
tariff or schedule of fares so on file and at the time in effect.
Such tariffs shall not be amended except with the consent of the City
Council.
Section 3 Operators of taxicabs furnishing taxicab service on a time
basis shall file and adhere to like tariffs or schedules of fares
subject to approval of the City Council and it shall be unlawful to
charge, collect or receive any otr~er or different compensation for the
use of such taxicab than in accordance with the tariff of fare schedule
currently filed and in effect. SL!ch tariff or fare schedule shall in
like manner be subject to approval. and review by the City Council.
Section 3(a) Such owner shall keE~p posted in a conspicuous place in
the passenger compartment of each vehicle operated by him, the schedule
of fares chargeable for the use of such vehicle.
It shall be unlawful to change the schedule of fares so posted
unless and until a new schedule of fares shall have been filed and
approved in accordance with the px°ovisions of this Ordinance.
Section 3(b) Owners and operator~~ of taxicabs shall file the schedules
required by this ordinance within fifteen (15) days of its effective
date.
Section ~- It shall be unlawful to operate any taxicab in the City of
Cupertino unless the owner thereof' shall apply for, and obtain a permit
so to do, which permit shall be a~~plied for, granted, and in effect, all
in compliance with the provisions of Section 5 of this ordinance.
Section 5 The application for-such owner's permit shall be verified
under oath and shall set forth:
(a) a full identification of the applicant and all persons to be
directl or indirectly interested in the permit, if granted;
(b~ The residence and busine~~s address and the citizenship of the
applicant, including all members of any firm or partnership, or all
officers and directors of any corx~oration applying;
(c) The location of the proposed business for which the permit is
requested, and the name of the owr..er and the present use of such premises;
(d) The exact nature of the x~roposed business for which the permit
is requested, and the name under which it is to be operated;
(e) The past experience of the applicant in the matter to which
the requested permit appertains; and the name, address, and past
experience or matter of the person to be in cha rge of the premises or
busir~e ss;
(f) Whether or not any permit has been revoked, and if so, the
circumstances of such revocation;
(g) The number of vehicles proposed to be operated;
h A complete description of the vehicles proposed to be
operated and Qf the proposed operations, together with the initial
rates to be charged therefor;
(i) The color scheme and characteristic insignia to be used to
designate the vehicles of said owner;
(j ) Such further information as the City Council, or such
official of the City of Cupertino to whom the application may be
referred, may require.
Said application for an ownerTS permit shall also be accompanied by a
sworn financial statement of the applicant.
Section 6 In addition to the grounds set forth in Section 5 of this
ordinance governing the issuance of permits, upon which an application
for an owner's permit may be denied, the City Council shall deny the
same if it shall appear to its satisfaction that such vehicle proposed
to be ope-rated is inadequate or unsafe; that the applicant has been
convicted of a felony or violation of any narcotic law or of any
penal law involving moral turpitude; that the applicant-s proposed
color scheme or other insignia will tend to confuse the identification
of the vehicles proposed to be operated by such applicant with those
of another owner operating in the City of Cupertino.
Further, the City Council may deny the granting of any permit to
operate any public motor vehicle in the City of Cupertino for the
reason that there is insufficient public need or demand for the
operation of the vehicle or vehicles for which a permit has been
applied, or for any reasonable cause which, within its sound discretion,
renders the proposed operations undesirable to the City of Cupertino,
or inadequate.
Section 7 In addition to the grounds set forth in other sections of
this ordinance- upon which the City Council may revoke or suspend any
owners permit to operate a public motor vehicle, the City Council
shall have the power to suspend or revoke the same for a violation of
any of the provisions of this ordinance, or any ordinance relating to
traffic or use of streets, or for a failure to pay any judgment for
damages arising from the unlawful or negligent operation of the public
motor vehicle for wYich the permit was issued.
Section 8 Any owner holding a permit to operate one or more public
vehicles as provided in this ordinance, who desires to-add to the
number of such vehicles shall do so only upon obtaining from the
Council permission therefor, which shall be granted only upon applica-
tion made in the same manner and under the same proceedings as are
required in this ordinance in the instance of obtaining the original
permit. Any owner holding a permit to operate one or more public
motor vehicles as provided in this ordinance, who desires to substitute
a different vehicle for a vehicle operated under such. permit, shall do
so only upon obtaining, from the Council, permission therefor, which
shall be granted only upon written application setting forth the
particulars of such proposed substitution, and upon otherwise comply-
ing with the .requirements of this ordinance. The Council shall
have the same authority in granting or denying such application for
permission to add or substitute as is hereinbefore in this ordinance
vested in it in the matter of original application.
Section g It shall be unlawful for any owner to drive or operate, or
cause to permit to be driven or operated, any public motor vehicle in
the City of Cupertino, unless such owner shall have placed on file
with the City Clerk a written certificate or certificates of a
responsible and solvent individual authorized to issue such policy under
the laws of the State of California, that it has issued to or for the
benefit of the owner, a motor veh'~cle liability policy or policies
which, at the date of said certif=Lcate or certificates, are in full
force and effect, and designating therein that any and all public motor
vehicles which may be driven or o~~erated under any permit granted to
such owner under the provisions o.' this ordinance are, or will be,
covered under said policy or policies.
Section 10 The motor vehicle lia~~ility policy required under the
provisions of Section g of this o~~dinance shall insure the owner, as
defined herein, and any other per~~on using or responsible for the
use of any such vehicle, with the consent, express or implied, of such
owner, against loss from the liab_lity imposed upon such owner by law
for injury to, or death of, any pE~rson, or damage to property, growing
out of the maintenance, operation or ownership of any public motor
vehicle to the amount or limit of Fifty Thousand Dollars ($50,000.00),
exclusive of interest and costs, on account of injury to, or death of
any one person, of One-Hundred Thousand Dollars (100,000.00), exclusive
of interest and costs, on account of any one accident resulting in
injury to or death of more than otie person, and of Ten Thousand Dollars
($10, 000.00) for damage to proper1~y of others, resulting from any one
accident.
Said motor vehicle liability policy shall insure to the benefit of
any and all persons, suffering lo~~s of damage either to person or
property, as herein provided, and the liability of the insurance
carrier shall be in no manner abrogated or abated by the death of the
tort feaso.r and~or the owner.
Section 11 Every certificate required under the provisions of Section
9 of this ordinance shall certify that the motor vehicle liability
policy or policies therein cited shall not be cancelled except upon
ten (10) days' prior written noti~~e thereof to the City Clerk. Said
motor vehicle liability insurance shall be a continuing liability up
to the full amount thereof, notwi~~hstanding any recovery thereon, and
said certificates thereof shall so certify. All motor vehicles
liability policies and all Certif:Lcates thereof shall be subject to
the approval of the City Attorney and the City Clerk zn any and all
matters and if at anytime, in the judgement of the City Clerk, said
motor vehicle liability policies <~,re not sufficient for any cause,
said Clerk may require the owner c>f such public motor vehicle who
filed the same to replace said mo~~or vehicle policies within ten (10)
days with other policies in accorc~.ance with the provisions of this
ordinance. If said owner fails tc~ replace said motor vehicle policies
within said ten (10) day period w:tth good and sufficient policies
as aforesaid, then at the termina~~ion of said period the owneres
permit issued hereunder shall be icy such failure automatically sus-
pended until Bich time as said re~~uirement is complied with, and the
Chief of Police shall enforce suc~z suspension.
Section 12 Subject to the approv~~,l of the City Clerk, the owner of any
taxicab or taxicabs operated underr~ the provisions of this ordinance,
may file a bond of a responsible <~.nd solvent indicidual authorized to
issue such bonds under the laws of the State of California, containing
the condicions and giving the protection required in the Motor Vehicle
liability policy required by Sections g, 10 and 11 hereof, in lieu of
either, all or any part of the insurance coverage required by said
Sections.
In the event of the filing of a bond under the provisions of this
section, the applicable provisions of saic Sections 9, 10 and 11 hereof
shall govern the furnishing of such bond and the owner filing it.
Section 13 It shall be unlawful for any driver to operate any taxicab
in the City of Cupertino unless there exists a valid permit so to do
as herein peovided. Application for such driver's permit shall be made
to the City Clerk, shall be in writing and in duplicate, and the
original thereof shall be duly acknowledged before some person lawfully
authorized to administer oaths. Such original shall be forthwith
transmitted to the City Clerk. S.~.id application shall set forth the
name, age and address of the applicant, his past experience in operat-
ing automobiles, the names and ad~.resses of his employers during the
precedi~,g period of three (3) years,, whether or not a chauffeur's
license issued to him by the State of Califor nia or any state or
governmental agency has ever been revoked, the name and address of
the owner by whom he is to be employed as a driver (which said owner
shall endorse- the said application), and such additice~al information
as the City Clerk may requir e.
Section 1~- Upon application for a driver's permit, and before it shall
be issued, the driver, whether the owner or otherwise, must evidence a
proficient knowledge of the traffic laws of the City of Cupertino and
of the State of California, and demonstrate his ability to operate a
taxicab, allto the satisfaction of the City Clerk, Upon satisfying
the foregoing requirements, said driver shall be fingerprinted by,
and his record filed in the Police Department Bureau of Identification.
Said driver shall also file with his. application two (2) recent photo-
graphs (size 12 inch by 12 inch) one to be filed with his application
and one to be permanently attached to his driver's permit when issued,
which permit shall be posted in a place conspicuous from the passenger's
compartment of the taxicab while said driver is operating same. Every
driver's permit issued hereunder shall set forth the name of the owner
for v~Thich said driver is authorized to operate a taxicab, and shall be
valid only so long as he continues in the employ of such owner. Upon
the termination of such employment, the said driver shall forthwith
surrender his driver's permit to the City Clerk. No such driver's
permit shall be granted to any person under the age of twenty-one (21)
years. Such driver's permit may be denied upon substantial evidence
of facts of either physical or moral deficiencies of the applicant
which, in the sound discretion of the City Clerk, would render such
applicant not a competent person. to operate a taxicab.
No such driver's permit issued hereunder shall be transferable in
any event.
All drivers employed by any given owner while on duty shall wear
a distinctive cap, and badge bearing the driver's number. Only such
caps and badges shall be worn as have been approved by the Chief of
Police for use by drivers employed by a particular owner. Badges
shall be worn in a conspicuous position.
Upon the termination of the employment of any driver, the owner
for whom such driver has been working shall immediately give the City
Clerk written notice of such termination.
Section 15 The City Clerk and the Chief of Police, and either of them,
shall have the power to revoke or suspend any driver's permit issued
hereunder in the event the holder thereof shall be found guilty of a
violation of dry provisions of this ordinance or shall be found guilty
of reckless driving, or for the violation of any other provisions of
this ordinance or other law, which violation, in the sound discretion
of said official, shall be deemed sufficient evidence of the fact that
said driver is not a competent person to operate a taxicab. Such
revocation by the Chief of Police, together with the reason therefor,
shall be forthwith reported to the City Clerk.
In the event of such revocation or suspension of a driver's
permit, such certificate as may be issued in connection therewith shall
be, by the holder thereof, forthwith surrendered to the City Clerk.
Section 16 Stands for taxicabs and vehicles for hire shall be main-
tained and occupied only as provided in the traffic ordinance of said
City .
Section 17 Any person, firm, corporation, or association violating
any of the provisions of this ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be unishable by a
fine of not more than Five Hundred Dollars ($500.00, or by imprison-
ment in the city fail for not more than six. (6) months, or by both
such fine and imprisonment.
Section 18 If any section, su'psection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision or
decisions shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have
passed this ordinance, and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared
invalid.
Introduced at a regular meeting of the City Council of the City
of Cupertino on the 19th day of March, 1956. Passed and adopted at
a regular meeting of the City Council of the City of Cupertino on the
2nd day of April, 1956, by the following vote:
AYES: Councilmen, Meyerholz, Lindenmeyer, Nathanson, Saich, Wilson
NOES: Councilmen, None
ABSENT: Councilmen, None
Approved:
s/s Ralph E. Lindenmeyer
Mayor, City o Cupertino
Att fit:
City le rk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex
officio clerk of the legislative x~ody of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 13
on file in my office and that the same has been published pursuant
to law.
IN~WITNESS WHE OF I hav~,hereunta ~ey my hand and City Seal this
~14~ day o f ~... `~.'-~., ~ 19 .
City Clerk