HomeMy WebLinkAboutAgenda Report - October 19, 2016 J-02TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM J-02
AGENDA TITLE: Ordinance No. 1930 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Title 5 — Permits and Regulations — by Repealing and
Re -Enacting Chapter 5.24, `Taxicab Transportation Service,' in Its Entirety"
MEETING DATE: October 19, 2016
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1930.
BACKGROUND INFORMATION: Ordinance No. 1930 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Title 5 — Permits and Regulations — by
Repealing and Re -Enacting Chapter 5.24, `Taxicab Transportation
Service,' in Its Entirety," was introduced at the regular City Council meeting of September 21, 2016.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
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Attachment
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nnifer Maj Ferraiolo
ity Clerk
APPROVED: ,dC G�
Stephen Schwabauer, City Manager
N:\Administration\CLERK\Council\COUNCOM\Cinance2.DOC
ORDINANCE NO. 1930
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS —
BY REPEALING AND REENACTING CHAPTER 5.24,
"TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 5 -- Permits and Regulations — is hereby amended by
repealing and reenacting Chapter 5.24, "Taxicab Transportation Service," in its entirety, and
shall read as follows:
CHAPTER 5.24 — TAXICAB TRANSPORTATION SERVICE
Sections:
Article I. General Provisions
5.24.010 Definitions.
5.24.020 Compliance with Chapter.
Article II. Owners
5.24.030 Owner's Permit — Taxicabs.
5.24.040 Owner's Permit — Fee.
5.24.050 Owner's Permit — Expiration.
5.24.060 Owner's Permit — Qualifications.
5.24.070 Owner's Duties.
5.24.080 Insurance and Indemnification Requirements.
5.24.090 Owner's Permit — Revocation — Grounds.
5.24.100 Owner's Permit — Revocation — Investigation and Hearing.
5.24.110 Owner's Permit — Transferability.
Article III. Drivers
5.24.120 Driver's Permit — Required.
5.24.130 Driver's Permit — Fee.
5.24.140 Driver's Permit — Qualifications — Police Chief Approval.
5.24.150 Driver's Duties.
5.24.160 Driver's Drug and Alcohol Testing.
5.24.170 Testing Procedures.
5.24.180 Information Request.
5.24.190 Reporting of Subsequent Conviction and Driver's License Status.
5.24.200 Revocation or Suspension of Taxicab Driver's Permit.
5.24.210 Hearing—Revocation or Suspension of Taxicab Driver's Permit.
5.24.220 Return of Taxicab Driver's Permit.
Article IV. Renewal Procedure
5.24.230 Owner's Permit Renewal.
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5.24.240 Driver's Permit Renewal.
Article V. Maintenance and Inspection of Taxicabs
5.24.250 Annual Inspection of Taxicabs.
5.24.260 Authority of Police Department to Inspect Taxicabs.
5.24.270 Unsafe or Unsuitable Taxicabs,
5.24.280 Things Deemed to Make a Taxicab Unsafe or Unsuitable.
5.24.290 Cleaning of Interior.
5.24.300 Cleaning of Exterior.
5.24.310 Age of Vehicle.
Article VI. Appeals
5.24.320 Right of Appeal from Denial of Issuance or Renewal of Taxicab Owner's Permit
or Taxicab Driver's Permit.
5.24.330 Procedure Upon Appeal.
Article I. - General Provisions
5.24.010 - Definitions.
The following terms, as used in this chapter, are defined as follows, unless the particular
provision or context requires otherwise:
A. "Operate within the city" or "operate within the corporate limits of the city" means the
soliciting, accepting, picking up, or embarking within the city of a passenger or
passengers for transportation or conveyance to any point within or without the city.
Prepaid round trips which originate outside the city limits shall not constitute a defined
operation under this subsection.
B. "Taxicab" means every vehicle operated over the public streets of the city, the vehicle
being routed under the direction of the passenger and which, in addition to such
specifications, is of a distinctive color and appearance such as is commonly used in
this state for taxicabs, and is operated at rates per mile, or for waiting time, or both.
The following types of transportation services are not taxicabs for the purpose of this
chapter: limousines, transportation network companies, and charter or scheduled bus
transportation, as each is defined in the California Public Utilities Code; paratransit
services as defined in the California Vehicle Code; and airport shuttles and wine tour
operators operating on a prearranged contract basis.
C. "Owner" means the corporation, business entity, or person who is registered with the
Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to
possession of the vehicle pursuant to a lease or rental agreement.
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5.24.020 - Compliance with chapter.
The provisions of this chapter shall be observed by all persons operating taxicabs within the
city, and it is unlawful to operate any taxicab in violation of any of such provisions.
All applications submitted pursuant to this chapter shall be on a form prescribed by the city
clerk.
Article II. – Owners
5.24.030 - Owner's permit—Taxicabs.
No individual or company shall operate any taxicab on or over any streets of the city without
having first obtained approval from the city clerk.
Every vehicle used by an Owner in transportation for compensation shall be licensed,
inspected, and insured annually as set forth in this chapter.
5.24.040 - Owner's permit—Fee.
The owner or lessee of any taxicab obtaining any permit under this chapter shall pay unto
the city clerk a permit fee as prescribed by the city. No permit issued under the provisions of this
chapter shall be valid until the city clerk endorses thereon an acknowledgment of the payment
of the fee for the current year. Such fee shall be due and payable to the city clerk on the first
day of January of each year and delinquent thirty days thereafter.
5.24.050 - Owner's permit—Expiration.
Any permit issued under this chapter shall expire at the end of the calendar year in which it
is issued; provided, that the fee therefor is paid in accordance with the provisions of this
chapter. Unless suspended or revoked, it shall be renewed upon application for renewal as set
forth in section 5.24.230.
5.24.060 - Owner's permit—Qualifications.
The owners permit required by this chapter shall be granted in writing by the city clerk,
upon a satisfactory showing by the applicant that:
A. Applicant has submitted a financial statement which has been reviewed by the finance
director. The purpose of this requirement is to insure that the applicant or permit holder
makes use of the permit and that the permit is obtained and used by the person or
entity identified in the application documents rather than an undisclosed third party.
Initial applications shall include:
1. A statement of all assets, liabilities, and equities of the taxicab business or owner;
and
2. A statement of the expected revenues and expenses of the taxicab business
operation for the next year.
Renewal applications shall include:
1. A statement of all assets, liabilities,
application date;
2. A statement of the actual revenues
past year; and
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and equities of the taxicab business as of the
and expenses of the taxicab business for the
3. A statement of the expected revenues and expenses of the business for the next
year.
B. Applicant has submitted evidence of insurance coverage as set forth in Section
5.24.080
C. The applicant's vehicle or vehicles are possessed of the following qualifications as
determined by the chief of police:
1. The vehicle must meet all requirements of the Vehicle Code of the state in regard
to equipment and mechanical condition. Further, it must be maintained in a safe,
clean, and sanitary condition throughout as set forth in Sections 5.24.250 through
5.24.310.
2. The vehicle must bear, visibly painted in a distinctive color, in figures at least three
inches high, a number of one or two digits, which number sha[[ not be the number
of any other vehicle earlier granted a vehicle permit under this chapter. The
number shall be specified in the application and noted on the permit. The vehicle
must also bear, visibly painted in a distinctive color, in letters at least one and one-
half inches high, the name of the owner or lessee thereof.
3. The vehicle must carry in a conspicuous position within its passenger
compartment a clear, intelligible, and legible statement of the fares or charges to
be made in connection with the use of the vehicle. A copy of such fares and
charges shall be filed with the city clerk as well.
4. A taxicab over the entire exterior normally covered with paint must be painted in a
distinctive color or system of colors; and the color or system of colors shall be so
selected that the vehicle may not reasonably be confused with any ordinary private
vehicle.
D. The applicant shall provide annually a list and photograph, prepared under oath, of all
vehicles to be used in transportation for compensation, and/or which have been used
in transportation for compensation during the preceding year. The list shall identify
each vehicle by year, make, model, license plate, and vehicle identification number.
E. The applicant possesses a current City of Lodi business license and/or home
occupation permit as required in Section 17.36.060.
F. The applicant's business activities do not violate any land use or zoning laws,
including, but not limited to the prohibition of parking, storing, dispatching, or repairing
commercial vehicles in a residential zoning district pursuant to Sections
17.36.060(B)(2)(c), 17.36.060(B)(2)(i), and 17.36.060(C)(10).
5.24.070 - Owner's duties.
No person owning or leasing a taxicab shall, while such vehicle owned or leased is being
operated, do the following:
A. Fail to maintain as to such vehicle the qualifications required for a permit for such
vehicle under this chapter;
B. Do any act, or employ any person to do any act, which would be forbidden by Section
5.24.150 if done by a person driving or operating a taxicab; or
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C. Rent or lend the vehicle to any person who operates it, or permit any person to operate
it, except himself or his duly authorized agent.
Prior to placing any new or additional vehicle into service, the owner shall:
D. Inform the city clerk in writing of the acquisition or transfer of the vehicle into taxicab
operations;
E. Provide the date upon which such vehicle will be put into service;
F. Provide all information required under Section 5.24.060(D);
G. Provide proof of inspection as required in Section 5.24.250;
H. Provide proof of insurance as required in Section 5.24.080; and
I. Provide any other information requested by the city clerk related to such vehicle, its
ownership, or use in the owner's business operations.
5.24.080 - Insurance and indemnification requirements.
In order to ensure the safety of the public, it is unlawful for any person who owns a taxicab
to allow it to be operated or driven or to obtain a permit for its operation under this Chapter
unless and until such person has complied with the provisions of this section.
The owner or lessee of any taxicab must secure their ability to answer to any claim for
damage to person or property which may arise by reason of the operation of any vehicle as
follows:
A. General liability insurance in the minimum limits of not less than one million dollars for
injury or death to any person and not less than two million dollars for injury or death of
more than one person in the same accident;
B. Automobile insurance in the minimum limits of not less than five hundred thousand
dollars;
C. Insurance for property damage in the minimum limits of not less than fifty thousand
dollars; and
D. A certificate evidencing such insurance shall be filed with the city's risk manager and
shall name the city, its officers, agents, and employees as additional insureds.
Any person or entity issued a permit pursuant to this Chapter shall, and by acceptance of
the permit does, to the maximum extent permitted by law, agree to indemnify and hold harmless
the city of Lodi, its officers, employees, and agents from any and all damages, claims, liabilities,
costs, suits, or other expense resulting from and arising out of the permit holder's operations.
5.24.090 - Owner's permit—Revocation—Grounds.
The owner's permit required by this chapter may be revoked or suspended if one or more of
the following conditions exist:
A. The qualifications required for the granting of the owner's permit are no longer met by
the permittee or the permittee's vehicle or vehicles;
B. The permittee has been convicted of any violation of restrictions imposed upon the
permittee as owner or lessee under this chapter, or the permittee has become
bankrupt;
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C. The permittee has failed to maintain his/her vehicle or vehicles as required in Sections
5.24.250 to 5.24.310; or
D. The permittee is in violation of any of the provisions of this Chapter.
5.24.100 - Owner's permit—Revocation—Investigation and Hearing.
For the purpose of ascertaining whether any cause exists for the suspension or revocation
of an owner's permit under this Chapter, the chief of police may, and on direction of the city
council or upon complaint shall, cause strict inquiry to be made into the conduct of the
permittee, the sufficiency and validity of the permittee's security, and the conditions of the
permittee's vehicle or vehicles.
An owner's permit may be revoked for any cause which would have warranted denial
thereof in the first instance, for a failure to comply with any of the provisions of this Chapter, a
failure to comply with any conditions imposed upon the owner's permit or when taxicab business
operations have ceased for 10 consecutive days. If an owner's permit is granted and operation
of the service for which the permit is granted does not commence within four months of the date
of the approval thereof, the permit shall be automatically null and void. A revocation may be
appealed through the procedure set forth in Section 5.24.320. If the owner's permit is revoked,
the holder of the permit shall not reapply for six months from the date of revocation.
5.24.110 - Owner's permit—Transferability.
Any owner's permit issued under the provisions of this chapter may be sold, assigned,
leased, transferred or inherited as other property only upon written authorization of the city clerk.
In the event a permit is transferred, the transferee must satisfy all requirements of this Chapter
prior to engaging in taxicab business.
Article III. – Drivers
5.24.120 - Driver's permit—Required.
No person shall drive or operate any taxicab within the city unless he/she holds a permit, to
be known as a driver's permit, therefor, as provided in this Chapter, and no person shall drive or
operate a taxicab within the corporate limits of the city under or by virtue of any driver's permit
which has been suspended or revoked as provided in this Chapter.
5.24.130 - Driver's permit—Fee.
Every driver under this Chapter shall pay unto the city clerk an annual license fee iri the
sum prescribed by resolution of the City Council, as amended from time to time. Owner -drivers
who -pay the owner's permit fee shall have the driver's permit fee waived. The fee shall be due
and payable the first day of January of each year and shall be delinquent thirty days thereafter.
5.24.140 - Driver's permit—Qualifications—Police chief approval.
A. A driver's permit or renewal thereof shall be issued to each applicant complying with the
provisions of this Chapter; such permit shall be issued by the city clerk pursuant to a finding
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by the chief of police that the applicant for a permit or for renewal is a person of good
character, and one who will not endanger the public interests and safety.
Applicants shall be subject to a criminal background check prior to the issuance of a driver's
permit. Thereafter a licensee shall be subject to a criminal background check upon request
of the chief of police or designee.
B. An applicant or licensee who, within the past ten years, has been convicted of any of the
below -listed offenses is not eligible to be granted or hold a driver's permit:
1. A felony, or of any crime under the laws of this state that would amount to a felony;
2. Any crime in this state or elsewhere in which fraud or intent to defraud was an element;
3. Unlawfully possessing or distributing controlled substances as defined in the laws of
the state or elsewhere;
4. Any sex offense or crime involving moral turpitude; or
5. Driving while under the influence of alcohol or drugs.
C. The applicant must hold a valid and appropriate driver's license issued by the Department
of Motor Vehicles of the state, under the Vehicle Code of the state.
D. The applicant, or licensee upon request, must be fingerprinted by the Lodi police
department.
E. Any person having been denied a driver's permit may appeal such decision as set forth in
Section 5.24.320.
F. Drivers operating as an independent contractor shall submit proof of a current city of Lodi
business license and/or home occupation permit as required in Section 17.36.060 and
ensure that their business activities do not violate any land use or zoning laws.
G. It shall be sufficient grounds to deny or revoke a driver's permit if any person fails to
disclose any relevant information, or provides false or misleading information pursuant to
this Section.
5.24.150 - Driver's duties.
No person driving or operating a taxicab shall, while operating such vehicle, do the
following:
A. Fail to maintain the qualifications required for an operator's permit under this chapter;
B. Refuse without good cause to accept as a passenger any person desiring
transportation who shall tender money sufficient to pay the fare to their stated
destination;
C. Transport passengers to their stated destination over an unnecessarily circuitous route;
D. Refuse to Toad and unload for any passenger such hand baggage as may not exceed
the reasonable internal capacity of the vehicle, and such other baggage as may not
reasonably exceed its capacity in trunk or top; or, after being requested, refuse to carry
such baggage to or from such buildings as the passenger may enter or leave;
E. Make false representations by word, act, conduct, or appearance regarding the name
or identity of persons owning or leasing the taxicab he operates, or regarding his own
identity; or refuse to give his name and the number of his vehicle to any person
requesting them;
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F. Refuse or fail, after being requested, to give a receipt for any fare paid;
G. Fail or neglect to report to the police department within twenty-four hours all property
left in his vehicle by any passenger; or
H. Charge passengers in excess of the posted rate or fee.
5.24.160 - Driver's drug and alcohol testing.
No person shall be issued, or have renewed, a driver's permit until they have presented
certification . to the city clerk that they have tested negative for alcohol (breath alcohol
concentration of Tess than 0.02 percent) and each of the controlled substances specified in Part
40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. The date of
testing shall be within ten days of the date of issuance or renewal of a driver's permit. Test
results are confidential and shall not be released without the consent of the applicant, except as
authorized or required by law. Cost for such testing is the obligation of the applicant or employer
of the applicant.
5.24.170 - Testing procedures.
Applicant shall show a valid California driver's license at the time and place of testing.
Testing procedures shall be substantially as set forth in Part 40 (commencing with Section 40.1)
of Title 49 of the Code of Federal Regulations. The city may at random require a permitted
driver to be retested. If such a test is required by city, city shall pay the cost for such testing.
5.24.180 - Information request.
Upon the request of a driver applying for a permit, or renewal, the city clerk shall give the
applicant a list of the consortia certified pursuant to Part 382 (commencing with Section
382.101) of Title 49 of the Code of Federal Regulations that the city clerk knows offers tests in
or near the city.
5.24.190 — Reporting of subsequent conviction and driver's license status.
Any person issued a taxicab driver's permit who subsequently is convicted of any felony or
misdemeanor offense, or who ceases to possess a valid State of California driver's license of
the class required by state law for the type of motor vehicle such person drives, shall
immediately so inform the chief of police and his or her employer.
5.24.200 — Revocation or suspension of taxicab driver's permit.
A. The chief of police may suspend, for a period not to exceed thirty days, and may revoke
a driver's permit if the permittee:
1. Misrepresents facts relevant to the fitness of the driver if such misrepresentation
becomes known after a permit has been issued;
2. Violates the traffic laws of the city, county or state;
3. Is convicted for misdemeanor reckless driving;
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4. Drives a taxicab known to the operator not to be in good order and repair;
5. Knowingly falsifies material and relevant facts on an application for a taxicab permit;
6. Is convicted or pleads nolo contendere to the violation of any law involving alcohol;
7. Is convicted or pleads nolo contendere to the violation of any law involving moral
turpitude;
8. Operates any vehicle in a manner which constitutes a misdemeanor under the laws
of the State of California; or
9. Repeatedly fails to comply with the applicable provisions of this Chapter or the rules
and regulations prescribed by the chief of police.
B. The chief of police shall immediately suspend, for a period not to exceed thirty days,
and may revoke a taxicab driver's permit of any driver upon the receipt of information
reasonably sufficient and reliable to establish that the driver has committed a violation
of law involving:
1. A felony;
2. A sex offense;
3. Soliciting for prostitution;
4. A narcotics offense; or
5. Has had a license to drive issued by the State of California either suspended or
revoked by the state.
C. The chief of police shall immediately revoke the taxicab driver's permit if that driver has
been found guilty by final judgment of a court of competent jurisdiction of a violation of
the law involving:
1. A felony;
2. A sex offense;
3. Soliciting for prostitution; or
4. A narcotics offense.
D. Upon suspension or revocation, the driver shall immediately surrender the taxicab
driver's permit to the chief of police. In the event of suspension, the chief of police shall
return the taxicab driver's permit to its driver immediately after termination of the
suspension period.
5.24.210 - Hearing — Revocation or suspension of taxicab driver's permit.
Every taxicab driver whose permit has been suspended or revoked shall have the right to
appeal such decision as provided in Section 5.24.320.
5.24.220 - Return of taxicab driver's permit.
Taxicab driver's permits shall become void upon termination of employment. The employer
shall notify the City upon termination of employment. Taxicab driver permits shall be returned to
the City upon termination of employment or a determination of revocation.
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Article IV. — Renewal Procedure
5.24.230 — Owner's permit renewal.
A permit holder must submit a renewal application along with the following items, and any
other information deemed necessary by the city clerk or chief of police, no later than 30 days
prior to the end of the calendar year in which the current permit was issued:
A. Renewal fee, as set forth in Section 5.24.040;
B. Proof a current city of Lodi business license and/or home occupation permit, as set forth
in Section 5.24.060;
C. Financial statement, as set forth in Section 5.24.060;
D. Proof of insurance, as set forth in Section 5.24.080;
E. A list and photograph, prepared under oath, of all vehicles to be used in transportation
for compensation, and/or which have been used in transportation for compensation
during the preceding year, as set forth in Section 5.24.060(D);
F. Proof of a mechanic's inspection, as set forth in Section 5.24.250; and
G. Proof of passing drug and alcohol testing, as set forth in Section 5.24.160.
5.24.240 — Driver's permit renewal.
A permit holder must submit a renewal application with the following items, and any other
information deemed necessary by the city clerk or chief of police, no later than 30 days prior to
the end of the calendar year in which the current permit was issued:
A. Renewal fee, as set forth in Section 5.24.130;
B. Proof of a current valid driver's license, as set forth in Section 5.24.140(C);
C. Proof of a current city of Lodi business license, as set forth in Section 5.24.140(F); and
D. Proof of completion of a drug and alcohol test, as set forth in Section 5.24.160.
Article V. — Maintenance and Inspection of Taxicabs
5.24.250 — Annual inspection of taxicabs.
To ensure continued maintenance of safe operating conditions, taxicabs, and their
equipment, operating or used pursuant to this Chapter shall be inspected annually by a licensed
automobile mechanic. The costs of inspections shall be paid by the vehicle owner. Proof of
inspection shall be submitted annually with a renewal application and shall include a statement
by a licensed automobile mechanic certifying that the vehicle is free of any defects or conditions
identified in Section 5.24.280.
5.24.260 — Police Department taxicab inspection authority.
The chief of police, or any member of the police department under his/her direction, shall
have the authority, at any time after displaying proper identification, to enter into or upon any
taxicab for the purpose of ascertaining whether or not any of the provisions set forth herein are
being violated.
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5.24.270 — Unsafe or unsuitable taxicabs.
It is unlawful and an infraction for the owner of any taxicab licensed pursuant to this
Chapter to maintain a taxicab in an unsafe or unsuitable condition. Any taxicab which is found to
be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of
service, and before again being placed in service, the owner shall provide evidence to the chief
of police, or any member of the police department under his/her direction, that the vehicle is
safe, and shall submit the vehicle to inspection.
5.24.280 — Things deemed to make a taxicab unsafe or unsuitable.
For the purposes of this section, the existence of the following named things, but not to the
exclusion of other things, shall be deemed to make a taxicab unsafe or unsuitable for taxicab
service:
A. Excessive leakage of oil, grease, gas or any other substance from any part of the
taxicab;
B. Defects in the frame or structural body of the taxicab;
C. The failure of any movable parts of the car, including doors, window, hoods, trunk,
lights, etc., to function in the proper working order;
D. The failure to maintain the tires, lights, turning signals, or brakes in safe operating
condition;
E. The failure to maintain the motor or other mechanical parts of the car in good and
safe operating condition;
F. The failure to have an exhaust system properly installed and in good working
condition that complies with state law;
G. Large or excessive dents or scratches in the body of the taxicab;
I-1. Improper maintenance of the exterior paint in the proper color scheme;
I. Excessive wear and tear on the upholstery, floor mats and other parts of the interior
of the taxicab;
J. The failure to have adequate interior lighting in proper working condition; or
K. The excessive emission of odors such as tobacco/smoke products from the interior of
the taxicab.
5.24.290 — Cleaning of interior.
The interior of every taxicab in service shall be kept in a clean and sanitary condition at all
times.
5.24.300 — Cleaning of exterior.
The exterior of every taxicab in service shall be kept in a clean condition at all times.
5.24.310 — Age of vehicle.
Taxicabs in service shall be no older than seven (7) years from the manufacture date
indicated on the vehicle by the manufacturer.
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Article VI — Appeals
5.24.320 - Right of appeal from denial of issuance or renewal of taxicab owner's permit or
taxicab driver's permit.
A. The city clerk or chief of police shall notify the applicant that the issuance or renewal of his
or her taxicab owner's permit or taxicab driver's permit has been denied. The city clerk or
chief of police shall also notify the applicant of the right to appeal the denial to the city
manager.
B. Any written appeal shall be filed with the city clerk within ten calendar days of transmittal of
the written notice to the person affected by such decision. Service shall be by regular postal
service or personal delivery.
C. A denial of issuance or renewal shall remain in effect until a duly -filed appeal is heard as
set forth in Section 5.24.330.
D. If no appeal is filed within the time allowed, the city's decision to not issue or renew the
taxicab owner's permit or taxicab driver's permit shall be considered final.
5.24.330 - Procedure upon appeal.
A. An applicant or permittee shall file an appeal within ten calendar days from the service of
the notice of denial, suspension, or revocation from the city clerk or chief of police.
B. Appeals to the city manager:
1. Any decision of the city clerk or chief of police which is a denial to issue or renew, or a
suspension or revocation of a taxicab owner's permit or taxicab driver's permit, shall
not become final until ten calendar days after the date of transmittal of the written
notice to the person affected by such decision, during which period the party to the
action may appeal the decision in the manner provided herein at any time prior to the
expiration of the ten-day period. If no appeal is taken before the expiration of the ten-
day period, the decision of the city clerk or chief of police shall be final.
2. The appeal of any decision shall be in writing signed by the party to the action briefly
setting forth the reasons why such decision is not proper, stating an address at which
the appellant will receive notices and filed with the city manager.
3. The city manager shall upon receipt of the appeal set the matter for hearing before a
hearing officer. The hearing officer shall be an attorney or recognized mediator
designated by the city attorney. The hearing shall be scheduled for not more than thirty
calendar days after receipt of the appeal unless a longer time is requested or
consented to by the appellant.
4. The hearing shall not be conducted under the formal Rules of Evidence, but shall be
subject to such standards of procedure and evidence as reasonable people would
utilize in the conduct of serious business.
5. The appellant (or a representative) shall have the right to present his or her case in
person.
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6. The hearing officer shall consider the case record as well as any statements offered by
interested parties. The hearing will be conducted according to administrative rules
relating to evidence and witnesses as set forth in Chapter 1.10 of this code.
7. If the hearing officer refuses to issue or restore a taxicab owner's permit or taxicab
driver's permit, the party to the action, or such party's agent, shall not file a new
application within three hundred sixty five days from the date of final action by the
hearing officer.
8. If the hearing officer suspends a taxicab owner's permit or taxicab driver's permit, the
hearing officer shall impose a period of suspension of not more than thirty days.
9. If the hearing officer's action is to grant or restore a taxicab owner's permit or taxicab
driver's permit, the hearing officer shall direct the city clerk to issue or restore the
certificate or license.
C. Any party dissatisfied with the decision of the hearing officer may carry the matter forward
under the provisions for administrative mandamus (Code of Civil Procedure Section
1094.5) as it now exists or may later be amended.
SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days
after its passage, a summary of the ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this 19th day of October, 2016
ATTEST:
rA.
NNIFER `► . FERRAIOLO
ity Clerk
4/4
MARK CHANDLER
Mayor
13
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1930
was introduced at a regular meeting of the City Council of the City of Lodi held
September 21, 2016, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held October 19, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
1 further certify that Ordinance No. 1930 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
Approved as to Form:
JANICE D. MAGDICH
City Attorney
14
1FE
ity Clerk
F F RAI0LO
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: SUMMARY OF ORDINANCE NOS. 1929 —1931
PUBLISH DATE: SATURDAY, OCTOBER 22, 2016
LEGAL AD
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
JENNIFER M. FERRAIOLO, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, OCTOBER 20, 2016
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
ELA M.
PUTY CIT
RRIS
CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PROOF OF ADVERTISEMENT. THANK YOU!!
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N:\Admin i strati on\CLERK\OrdSummaries\Advins. doc
CITY OF LODI
ORDINANCE NO. 1929
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 17.30 — LANDSCAPING — BY REPEALING AND RE-ENACTING SECTION
17.30.070, "WATER EFFICIENT LANDSCAPE REQUIREMENTS," IN ITS ENTIRETY. The
purpose of this ordinance is to comply with the State of California's Model Water Efficient
Landscape Ordinance. Introduced September 21, 2016. Adopted October 19, 2016, and effective
November 18, 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler;
NOES: None; ABSENT: None.
ORDINANCE NO. 1930
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5
— PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING CHAPTER 5.24,
"TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY. The purpose of this ordinance is
to update, enhance, standardize, and clarify appeal procedures, renewal procedures and
requirements, insurance requirements, health and safety standards, and definitions. Introduced
September 21, 2016. Adopted October 19, 2016, and effective November 18, 2016.
AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None;
ABSENT: None.
ORDINANCE NO. 1931
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5
— PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING CHAPTER 5.25,
"PEDICABS," IN ITS ENTIRETY. The purpose of this ordinance is to update, enhance,
standardize, and clarify appeal procedures, renewal procedures and requirements, insurance
requirements, health and safety standards, and definitions. Introduced September 21, 2016.
Adopted October 19, 2016, and effective November 18, 2016. AYES: Johnson, Kuehne, Mounce,
Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
October 19, 2016
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 1930
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 5 — PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING
CHAPTER 5.24, "TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY
On Thursday, October 20, 2016, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1930 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 20, 2016, at Lodi, California.
.tr4
a'mela M. rris Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
ords ummaries\aaDecPost. doc
ORDINANCE NO. 1930
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS —
BY REPEALING AND REENACTING CHAPTER 5.24,
"TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 5 — Permits and Regulations — is hereby amended by
repealing and reenacting Chapter 5.24, "Taxicab Transportation Service," in its entirety, and
shall read as follows:
CHAPTER 5.24 — TAXICAB TRANSPORTATION SERVICE
Sections:
Article I. General Provisions
5.24.010 Definitions.
5.24.020 Compliance with Chapter.
Article II. Owners
5.24.030 Owner's Permit — Taxicabs.
5.24.040 Owner's Permit — Fee.
5.24.050 Owner's Permit — Expiration.
5.24.060 Owner's Permit — Qualifications.
5.24.070 Owner's Duties.
5.24.080 Insurance and Indemnification Requirements.
5.24.090 Owner's Permit — Revocation — Grounds.
5.24.100 Owner's Permit — Revocation — Investigation and Hearing.
5.24.110 Owner's Permit — Transferability.
Article III. Drivers
5.24.120 Driver's Permit — Required.
5.24.130 Driver's Permit — Fee.
5.24.140 Driver's Permit — Qualifications — Police Chief Approval.
5.24.150 Driver's Duties.
5.24.160 Driver's Drug and Alcohol Testing.
5.24.170 Testing Procedures.
5.24.180 Information Request.
5.24.190 Reporting of Subsequent Conviction and Driver's License Status.
5.24.200 Revocation or Suspension of Taxicab Driver's Permit.
5.24.210 Hearing—Revocation or Suspension of Taxicab Driver's Permit.
5.24.220 Return of Taxicab Driver's Permit.
Article IV. Renewal Procedure
5.24.230 Owner's Permit Renewal.
1
5.24.240 Driver's Permit Renewal.
Article V. Maintenance and Inspection of Taxicabs
5.24.250 Annual Inspection of Taxicabs.
5.24.260 Authority of Police Department to Inspect Taxicabs.
5.24.270 Unsafe or Unsuitable Taxicabs.
5.24.280 Things Deemed to Make a Taxicab Unsafe or Unsuitable.
5.24.290 Cleaning of Interior.
5.24.300 Cleaning of Exterior.
5.24.310 Age of Vehicle.
Article VI. Appeals
5.24.320 Right of Appeal from Denial of Issuance or Renewal of Taxicab Owner's Permit
or Taxicab Driver's Permit.
5.24.330 Procedure Upon Appeal.
Article I. - General Provisions
5.24.010 - Definitions.
The following terms, as used in this chapter, are defined as follows, unless the particular
provision or context requires otherwise:
A. "Operate within the city" or "operate within the corporate limits of the city" means the
soliciting, accepting, picking up, or embarking within the city of a passenger or
passengers for transportation or conveyance to any point within or without the city.
Prepaid round trips which originate outside the city limits shall not constitute a defined
operation under this subsection.
B. "Taxicab" means every vehicle operated over the public streets of the city, the vehicle
being routed under the direction of the passenger and which, in addition to such
specifications, is of a distinctive color and appearance such as is commonly used in
this state for taxicabs, and is operated at rates per mile, or for waiting time, or both.
The following types of transportation services are not taxicabs for the purpose of this
chapter: limousines, transportation network companies, and charter or scheduled bus
transportation, as each is defined in the California Public Utilities Code; paratransit
services as defined in the California Vehicle Code; and airport shuttles and wine tour
operators operating on a prearranged contract basis.
C. "Owner" means the corporation, business entity, or person who is registered with the
Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to
possession of the vehicle pursuant to a lease or rental agreement.
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5.24.020 - Compliance with chapter.
The provisions of this chapter shall be observed by all persons operating taxicabs within the
city, and itis unlawful to operate any taxicab in violation of any of such provisions.
All applications submitted pursuant to this chapter shall be on a form prescribed by the city
clerk.
Article II. – Owners
5.24.030 - Owner's permit—Taxicabs.
No individual or company shall operate any taxicab on or over any streets of the city without
having first obtained approval from the city clerk.
Every vehicle used by an Owner in transportation for compensation shall be licensed,
inspected, and insured annually as set forth in this chapter.
5.24.040 - Owner's permit—Fee.
The owner or lessee of any taxicab obtaining any permit under this chapter shall pay unto
the city clerk a permit fee as prescribed by the city. No permit issued under the provisions of this
chapter shall be valid until the city clerk endorses thereon an acknowledgment of the payment
of the fee for the current year. Such fee shall be due and payable to the city clerk on the first
day of January of each year and delinquent thirty days thereafter.
5.24.050 - Owner's permit—Expiration.
Any permit issued under this chapter shall expire at the end of the calendar year in which it
is issued; provided, that the fee therefor is paid in accordance with the provisions of this
chapter. Unless suspended or revoked, it shall be renewed upon application for renewal as set
forth in section 5.24.230.
5.24.060 - Owner's permit—Qualifications.
The owner's permit required by this chapter shall be granted in writing by the city clerk,
upon a satisfactory showing by the applicant that:
A. Applicant has submitted a financial statement which has been reviewed by the finance
director. The purpose of this requirement is to insure that the applicant or permit holder
makes use of the permit and that the permit is obtained and used by the person or
entity identified in the application documents rather than an undisclosed third party.
Initial applications shall include:
1. A statement of all assets, liabilities, and equities of the taxicab business or owner;
and
2. A statement of the expected revenues and expenses of the taxicab business
operation for the next year.
Renewal applications shall include:
1. A statement of all assets, liabilities, and equities of the taxicab business as of the
application date;
2. A statement of the actual revenues and expenses of the taxicab business for the
past year; and
3
B.
3. A statement of the expected revenues and expenses of the business for the next
year.
Applicant has submitted evidence of insurance coverage as set forth in Section
5.24.080
C. The applicant's vehicle or vehicles are possessed of the following qualifications as
determined by the chief of police:
1. The vehicle must meet all requirements of the Vehicle Code of the state in regard
to equipment and mechanical condition. Further, it must be maintained in a safe,
clean, and sanitary condition throughout as set forth in Sections 5.24.250 through
5.24.310.
2. The vehicle must bear, visibly painted in a distinctive color, in figures at least three
inches high, a number of one or two digits, which number shall not be the number
of any other vehicle earlier granted a vehicle permit under this chapter. The
number shall be specified in the application and noted on the permit. The vehicle
must also bear, visibly painted in a distinctive color, in letters at least one and one-
half inches high, the name of the owner or lessee thereof.
3. The vehicle must carry in a conspicuous position within its passenger
compartment a clear, intelligible, and legible statement of the fares or charges to
be made in connection with the use of the vehicle. A copy of such fares and
charges shall be filed with the city clerk as well.
4. A taxicab over the entire exterior normally covered with paint must be painted in a
distinctive color or system of colors; and the color or system of colors shall be so
selected that the vehicle may not reasonably be confused with any ordinary private
vehicle.
D. The applicant shall provide annually a list and photograph, prepared under oath, of all
vehicles to be used in transportation for compensation, and/or which have been used
in transportation for compensation during the preceding year. The list shall identify
each vehicle by year, make, model, license plate, and vehicle identification number.
E. The applicant possesses a current City of Lodi business license and/or home
occupation permit as required in Section 17.36.060.
F. The applicant's business activities do not violate any land use or zoning laws,
including, but not limited to the prohibition of parking, storing, dispatching, or repairing
commercial vehicles in a residential zoning district pursuant to Sections
17.36.060(B)(2)(c), 17.36.060(B)(2)(i), and 17.36.060(C)(10).
5.24.070 - Owner's duties.
No person owning or leasing a taxicab shall,
operated, do the following:
A. Fail to maintain as to such vehicle the
vehicle under this chapter;
Do any act, or employ any person to do any act, which would be forbidden by Section
5.24.150 if done by a person driving or operating a taxicab; or
B.
while such vehicle owned or leased is being
qualifications required for a permit for such
4
C. Rent or lend the vehicle to any person who operates it, or permit any person to operate
it, except himself or his duly authorized agent.
Prior to placing any new or additional vehicle into service, the owner shall:
D. Inform the city clerk in writing of the acquisition or transfer of the vehicle into taxicab
operations;
E. Provide the date upon which such vehicle will be put into service;
F. Provide all information required under Section 5.24.060(D);
G. Provide proof of inspection as required in Section 5.24.250;
H. Provide proof of insurance as required in Section 5.24.080; and
I. Provide any other information requested by the city clerk related to such vehicle, its
ownership, or use in the owner's business operations.
5.24.080 - Insurance and indemnification requirements.
In order to ensure the safety of the public, it is unlawful for any person who owns a taxicab
to allow it to be operated or driven or to obtain a permit for its operation under this Chapter
unless and until such person has complied with the provisions of this section.
The owner or lessee of any taxicab must secure their ability to answer to any claim for
damage to person or property which may arise by reason of the operation of any vehicle as
follows:
A. General liability insurance in the minimum limits of not less than one million dollars for
injury or death to any person and not less than two million dollars for injury or death of
more than one person in the same accident;
B. Automobile insurance in the minimum limits of not less than five hundred thousand
dollars;
C. Insurance for property damage in the minimum limits of not Tess than fifty thousand
dollars; and
D. A certificate evidencing such insurance shall be filed with the city's risk manager and
shall name the city, its officers, agents, and employees as additional insureds.
Any person or entity issued a permit pursuant to this Chapter shall, and by acceptance of
the permit does, to the maximum extent permitted by law, agree to indemnify and hold harmless
the city of Lodi, its officers, employees, and agents from any and all damages, claims, liabilities,
costs, suits, or other expense resulting from and arising out of the permit holder's operations.
5.24.090 - Owner's permit—Revocation—Grounds.
The owner's permit required by this chapter may be revoked or suspended if one or more of
the following conditions exist:
A. The qualifications required for the granting of the owner's permit are no longer met by
the permittee or the permittee's vehicle or vehicles;
B. The permittee has been convicted of any violation of restrictions imposed upon the
permittee as owner or lessee under this chapter, or the permittee has become
bankrupt;
5
C. The permittee has failed to maintain his/her vehicle or vehicles as required in Sections
5.24.250 to 5.24.310; or
D. The permittee is in violation of any of the provisions of this Chapter.
5.24.100 - Owner's permit—Revocation—Investigation and Hearing.
For the purpose of ascertaining whether any cause exists for the suspension or revocation
of an owner's permit under this Chapter, the chief of police may, and on direction of the city
council or upon complaint shall, cause strict inquiry to be made into the conduct of the
permittee, the sufficiency and validity of the permittee's security, and the conditions of the
permittee's vehicle or vehicles.
An owner's permit may be revoked for any cause which would have warranted denial
thereof in the first instance, for a failure to comply with any of the provisions of this Chapter, a
failure to comply with any conditions imposed upon the owner's permit or when taxicab business
operations have ceased for 10 consecutive days. If an owner's permit is granted and operation
of the service for which the permit is granted does not commence within four months of the date
of the approval thereof, the permit shall be automatically null and void. A revocation may be
appealed through the procedure set forth in Section 5.24.320. If the owner's permit is revoked,
the holder of the permit shall not reapply for six months from the date of revocation.
5.24.110 - Owner's permit—Transferability.
Any owner's permit issued under the provisions of this chapter may be sold, assigned,
leased, transferred or inherited as other property only upon written authorization of the city clerk.
In the event a permit is transferred, the transferee must satisfy all requirements of this Chapter
prior to engaging in taxicab business.
Article III. – Drivers
5.24.120 - Driver's permit—Required.
No person shall drive or operate any taxicab within the city unless he/she holds a permit, to
be known as a driver's permit, therefor, as provided in this Chapter, and no person shall drive or
operate a taxicab within the corporate limits of the city under or by virtue of any driver's permit
which has been suspended or revoked as provided in this Chapter.
5.24.130 - Driver's permit—Fee.
Every driver under this Chapter shall pay unto the city clerk an annual license fee in the
sum prescribed by resolution of the City Council, as amended from time to time. Owner -drivers
who_pay the owner's permit fee shall have the driver's permit fee waived. The fee shall be due
and payable the first day of January of each year and shall be delinquent thirty days thereafter.
5.24.140 - Driver's permit—Qualifications—Police chief approval.
A. A driver's permit or renewal thereof shall be issued to each applicant complying with the
provisions of this Chapter; such permit shall be issued by the city clerk pursuant to a finding
6
by the chief of police that the applicant for a permit or for renewal is a person of good
character, and one who will not endanger the public interests and safety.
Applicants shall be subject to a criminal background check prior to the issuance of a driver's
permit. Thereafter a licensee shall be subject to a criminal background check upon request
of the chief of police or designee.
B. An applicant or licensee who, within the past ten years, has been convicted of any of the
below -Listed offenses is not eligible to be granted or hold a driver's permit:
1. A felony, or of any crime under the laws of this state that would amount to a felony;
2. Any crime in this state or elsewhere in which fraud or intent to defraud was an element;
3. Unlawfully possessing or distributing controlled substances as defined in the laws of
the state or elsewhere;
4. Any sex offense or crime involving moral turpitude; or
5. Driving while under the influence of alcohol or drugs.
C. The applicant must hold a valid and appropriate driver's license issued by the Department
of Motor Vehicles of the state, under the Vehicle Code of the state.
D. The applicant, or licensee upon request, must be fingerprinted by the Lodi police
department.
E. Any person having been denied a driver's permit may appeal such decision as set forth in
Section 5.24.320.
F. Drivers operating as an independent contractor shall submit proof of a current city of Lodi
business license and/or home occupation permit as required in Section 17.36.060 and
ensure that their business activities do not violate any land use or zoning laws.
G. It shall be sufficient grounds to deny or revoke a driver's permit if any person fails to
disclose any relevant information, or provides false or misleading information pursuant to
this Section.
5.24.150 - Driver's duties.
No person driving or operating a taxicab shall, while operating such vehicle, do the
following:
A. Fail to maintain the qualifications required for an operator's permit under this chapter;
B. Refuse without good cause to accept as a passenger any person desiring
transportation who shall tender money sufficient to pay the fare to their stated
destination;
C. Transport passengers to their stated destination over an unnecessarily circuitous route;
D. Refuse to load and unload for any passenger such hand baggage as may not exceed
the reasonable internal capacity of the vehicle, and such other baggage as may not
reasonably exceed its capacity in trunk or top; or, after being requested, refuse to carry
such baggage to or from such buildings as the passenger may enter or leave;
E. Make false representations by word, act, conduct, or appearance regarding the name
or identity of persons owning or leasing the taxicab he operates, or regarding his own
identity; or refuse to give his name and the number of his vehicle to any person
requesting them;
7
F. Refuse or fail, after being requested, to give a receipt for any fare paid;
G. Fail or neglect to report to the police department within twenty-four hours all property
left in his vehicle by any passenger; or
H. Charge passengers in excess of the posted rate or fee.
5.24.160 - Driver's drug and alcohol testing.
No person shall be issued, or have renewed, a driver's permit until they have presented
certification to the city clerk that they have tested negative for alcohol (breath alcohol
concentration of Tess than 0.02 percent) and each of the controlled substances specified in Part
40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. The date of
testing shall be within ten days of the date of issuance or renewal of a driver's permit. Test
results are confidential and shall not be released without the consent of the applicant, except as
authorized or required by law. Cost for such testing is the obligation of the applicant or employer
of the applicant.
5.24.170 - Testing procedures.
Applicant shall show a valid California driver's license at the time and place of testing.
Testing procedures shall be substantially as set forth in Part 40 (commencing with Section 40.1)
of Title 49 of the Code of Federal Regulations. The city may at random require a permitted
driver to be retested. If such a test is required by city, city shall pay the cost for such testing.
5.24.180 - Information request.
Upon the request of a driver applying for a permit, or renewal, the city clerk shall give the
applicant a list of the consortia certified pursuant to Part 382 (commencing with Section
382.101) of Title 49 of the Code of Federal Regulations that the city clerk knows offers tests in
or near the city.
5.24.190 — Reporting of subsequent conviction and driver's license status.
Any person issued a taxicab driver's permit who subsequently is convicted of any felony or
misdemeanor offense, or who ceases to possess a valid State of California driver's license of
the class required by state law for the type of motor vehicle such person drives, shall
immediately so inform the chief of police and his or her employer.
5.24.200 — Revocation or suspension of taxicab driver's permit.
A. The chief of police may suspend, for a period not to exceed thirty days, and may revoke
a driver's permit if the permittee:
1. Misrepresents facts relevant to the fitness of the driver if such misrepresentation
becomes known after a permit has been issued;
2. Violates the traffic laws of the city, county or state;
3. Is convicted for misdemeanor reckless driving;
8
4. Drives a taxicab known to the operator not to be in good order and repair;
5. Knowingly falsifies material and relevant facts on an application for a taxicab permit;
6. Is convicted or pleads nolo contendere to the violation of any law involving alcohol;
7. Is convicted or pleads nolo contendere to the violation of any law involving moral
turpitude;
8. Operates any vehicle in a manner which constitutes a misdemeanor under the laws
of the State of California; or
9. Repeatedly fails to comply with the applicable provisions of this Chapter or the rules
and regulations prescribed by the chief of police.
B. The chief of police shall immediately suspend, for a period not to exceed thirty days,
and may revoke a taxicab driver's permit of any driver upon the receipt of information
reasonably sufficient and reliable to establish that the driver has committed a violation
of law involving:
1. A felony;
2. A sex offense;
3. Soliciting for prostitution;
4. A narcotics offense; or
5. Has had a license to drive issued by the State of California either suspended or
revoked by the state.
C. The chief of police shall immediately revoke the taxicab driver's permit if that driver has
been found guilty by final judgment of a court of competent jurisdiction of a violation of
the law involving:
1. A felony;
2. A sex offense;
3. Soliciting for prostitution; or
4. A narcotics offense.
D. Upon suspension or revocation, the driver shall immediately surrender the taxicab
driver's permit to the chief of police. In the event of suspension, the chief of police shall
return the taxicab driver's permit to its driver immediately after termination of the
suspension period.
5.24.210 - Hearing — Revocation or suspension of taxicab driver's permit.
Every taxicab driver whose permit has been suspended or revoked shall have the right to
appeal such decision as provided in Section 5.24.320.
5.24.220 - Return of taxicab driver's permit.
Taxicab driver's permits shall become void upon termination of employment. The employer
shall notify the City upon termination of employment. Taxicab driver permits shall be returned to
the City upon termination of employment or a determination of revocation.
9
Article IV. — Renewal Procedure
5.24.230 — Owner's permit renewal.
A permit holder must submit a renewal application along with the following items, and any
other information deemed necessary by the city clerk or chief of police, no later than 30 days
prior to the end of the calendar year in which the current permit was issued:
A. Renewal fee, as set forth in Section 5.24.040;
B. Proof a current city of Lodi business license and/or home occupation permit, as set forth
in Section 5.24.060;
C. Financial statement, as set forth in Section 5.24.060;
D. Proof of insurance, as set forth in Section 5.24.080;
E. A list and photograph, prepared under oath, of all vehicles to be used in transportation
for compensation, and/or which have been used in transportation for compensation
during the preceding year, as set forth in Section 5.24.060(D);
F. Proof of a mechanic's inspection, as set forth in Section 5.24.250; and
G. Proof of passing drug and alcohol testing, as set forth in Section 5.24.160.
5.24.240 — Driver's permit renewal.
A permit holder must submit a renewal application with the following items, and any other
information deemed necessary by the city clerk or chief of police, no later than 30 days prior to
the end of the calendar year in which the current permit was issued:
A. Renewal fee, as set forth in Section 5.24.130;
B. Proof of a current valid driver's license, as set forth in Section 5.24.140(C);
C. Proof of a current city of Lodi business license, as set forth in Section 5.24.140(F); and
D. Proof of completion of a drug and alcohol test, as set forth in Section 5.24.160.
Article V. — Maintenance and Inspection of Taxicabs
5.24.250 — Annual inspection of taxicabs.
To ensure continued maintenance of safe operating conditions, taxicabs, and their
equipment, operating or used pursuant to this Chapter shall be inspected annually by a licensed
automobile mechanic. The costs of inspections shall be paid by the vehicle owner. Proof of
inspection shall be submitted annually with a renewal application and shall include a statement
by a licensed automobile mechanic certifying that the vehicle is free of any defects or conditions
identified in Section 5.24.280.
5.24.260 — Police Department taxicab inspection authority.
The chief of police, or any member of the police department under his/her direction, shall
have the authority, at any time after displaying proper identification, to enter into or upon any
taxicab for the purpose of ascertaining whether or not any of the provisions set forth herein are
being violated.
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5.24.270 — Unsafe or unsuitable taxicabs.
It is unlawful and an infraction for the owner of any taxicab licensed pursuant to this
Chapter to maintain a taxicab in an unsafe or unsuitable condition_ Any taxicab which is found to
be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of
service, and before again being placed in service, the owner shall provide evidence to the chief
of police, or any member of the police department under his/her direction, that the vehicle is
safe, and shall submit the vehicle to inspection.
5.24.280 — Things deemed to make a taxicab unsafe or unsuitable.
For the purposes of this section, the existence of the following named things, but not to the
exclusion of other things, shall be deemed to make a taxicab unsafe or unsuitable for taxicab
service:
A. Excessive leakage of oil, grease, gas or any other substance from any part of the
taxicab;
B. Defects in the frame or structural body of the taxicab;
C. The failure of any movable parts of the car, including doors, window, hoods, trunk,
lights, etc., to function in the proper working order;
D. The failure to maintain the tires, lights, turning signals, or brakes in safe operating
condition;
E. The failure to maintain the motor or other mechanical parts of the car in good and
safe operating condition;
F. The failure to have an exhaust system properly installed and in good working
condition that complies with state law;
G. Large or excessive dents or scratches in the body of the taxicab;
H. Improper maintenance of the exterior paint in the proper color scheme;
I. Excessive wear and tear on the upholstery, floor mats and other parts of the interior
of the taxicab;
J. The failure to have adequate interior lighting in proper working condition; or
K. The excessive emission of odors such as tobacco/smoke products from the interior of
the taxicab.
5.24.290 — Cleaning of interior.
The interior of every taxicab in service shall be kept in a clean and sanitary condition at all
times.
5.24.300 — Cleaning of exterior.
The exterior of every taxicab in service shall be kept in a clean condition at all times.
5.24.310 — Age of vehicle.
Taxicabs in service shall be no older than seven (7) years from the manufacture date
indicated on the vehicle by the manufacturer.
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Article VI — Appeals
5.24.320 - Right of appeal from denial of issuance or renewal of taxicab owner's permit or
taxicab driver's permit.
A. The city clerk or chief of police shall notify the applicant that the issuance or renewal of his
or her taxicab owner's permit or taxicab driver's permit has been denied. The city clerk or
chief of police shall also notify the applicant of the right to appeal the denial to the city
manager.
B. Any written appeal shall be filed with the city clerk within ten calendar days of transmittal of
the written notice to the person affected by such decision. Service shall be by regular postal
service or personal delivery.
C. A denial of issuance or renewal shall remain in effect until a duly -filed appeal is heard as
set forth in Section 5.24.330.
D. If no appeal is filed within the time allowed, the city's decision to not issue or renew the
taxicab owner's permit or taxicab driver's permit shall be considered final.
5.24.330 - Procedure upon appeal.
A. An applicant or permittee shall file an appeal within ten calendar days from the service of
the notice of denial, suspension, or revocation from the city clerk or chief of police.
B. Appeals to the city manager:
1. Any decision of the city clerk or chief of police which is a denial to issue or renew, or a
suspension or revocation of a taxicab owner's permit or taxicab driver's permit, shall
not become final until ten calendar days after the date of transmittal of the written
notice to the person affected by such decision, during which period the party to the
action may appeal the decision in the manner provided herein at any time prior to the
expiration of the ten-day period. If no appeal is taken before the expiration of the ten-
day period, the decision of the city clerk or chief of police shall be final.
2. The appeal of any decision shall be in writing signed by the party to the action briefly
setting forth the reasons why such decision is not proper, stating an address at which
the appellant will receive notices and filed with the city manager.
3. The city manager shall upon receipt of the appeal set the matter for hearing before a
hearing officer. The hearing officer shall be an attorney or recognized mediator
designated by the city attorney. The hearing shall be scheduled for not more than thirty
calendar days after receipt of the appeal unless a longer time is requested or
consented to by the appellant.
4. The hearing shall not be conducted under the formal Rules of Evidence, but shall be
subject to such standards of procedure and evidence as reasonable people would
utilize in the conduct of serious business.
5. The appellant (or a representative) shall have the right to present his or her case in
person.
12
6. The hearing officer shall consider the case record as well as any statements offered by
interested parties. The hearing will be conducted according to administrative rules
relating to evidence and witnesses as set forth in Chapter 1.10 of this code.
7. If the hearing officer refuses to issue or restore a taxicab owner's permit or taxicab
driver's permit, the party to the action, or such party's agent, shall not file a new
application within three hundred sixty five days from the date of final action by the
hearing officer.
8. If the hearing officer suspends a taxicab owner's permit or taxicab driver's permit, the
hearing officer shall impose a period of suspension of not more than thirty days.
9. If the hearing officer's action is to grant or restore a taxicab owner's permit or taxicab
driver's permit, the hearing officer shall direct the city clerk to issue or restore the
certificate or license.
C. Any party dissatisfied with the decision of the hearing officer may carry the matter forward
under the provisions for administrative mandamus (Code of Civil Procedure Section
1094.5) as it now exists or may later be amended.
SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a mariner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption_ In lieu of publication of the full text of the ordinance within fifteen (15) days
after its passage, a summary of the ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this 19th day of October, 2016
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
MARK CHANDLER
Mayor
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State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1930
was introduced at a regular meeting of the City Council of the City of Lodi held
September 21, 2016, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held October 19, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1930 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
Approved as to Form:
JANICE D. MAGDICH
City Attorney
14
JENNIFER M. FERRAIOLO
City Clerk
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: SUMMARY OF ORDINANCE NOS. 1929 —1931
PUBLISH DATE: SATURDAY, SEPTEMBER 24, 2016
LEGAL AD
TEAR SHEETS WANTED: One (1) please
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JENNIFER M. FERRAIOLO, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, SEPTEMBER 22, 2016
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
-t-21.7-7 047 a
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PAMELA M. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
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CITY OF LODI
ORDINANCE NO. 1929
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 17.30 — LANDSCAPING — BY REPEALING AND RE-ENACTING SECTION
17.30.070, "WATER EFFICIENT LANDSCAPE REQUIREMENTS," IN ITS ENTIRETY. The
purpose of this ordinance is to comply with the State of California's Model Water Efficient
Landscape Ordinance. Introduced September 21, 2016. Adoption to be considered October 19,
2016. AYES: Johnson, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor
Chandler.
ORDINANCE NO. 1930
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5
— PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING CHAPTER 5.24,
"TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY. The purpose of this ordinance
is to update, enhance, standardize, and clarify appeal procedures, renewal procedures and
requirements, insurance requirements, health and safety standards, and definitions. Introduced
September 21, 2016. Adoption to be considered October 19, 2016. AYES: Johnson, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Chandler.
ORDINANCE NO. 1931
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5
— PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING CHAPTER 5.25,
"PEDICABS," IN ITS ENTIRETY. The purpose of this ordinance is to update, enhance,
standardize, and clarify appeal procedures, renewal procedures and requirements, insurance
requirements, health and safety standards, and definitions. Adoption to be considered
October 19, 2016. AYES: Johnson, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT:
Mayor Chandler.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
September 21, 2016
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 1930
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 5 — PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING
CHAPTER 5.24, "TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY
On Thursday, September 22, 2016, in the City of Lodi, San Joaquin County, California,
a certified copy of Ordinance No. 1930 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 22, 2016, at Lodi, California.
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Pamela M. Farris Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ordsummaries\aaDecPost.doc
EXE:Bii.
ORDINANCE NO. 1930
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS —
BY REPEALING AND REENACTING CHAPTER 5.24,
"TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 5 — Permits and Regulations — is hereby amended by
repealing and reenacting Chapter 5.24, "Taxicab Transportation Service," in its entirety, and
shall read as follows:
CHAPTER 5.24 — TAXICAB TRANSPORTATION SERVICE
Sections:
Article I. General Provisions
5.24.010 Definitions.
5.24.020 Compliance with Chapter.
Article II. Owners
5.24.030 Owner's Permit — Taxicabs.
5.24.040 Owner's Permit — Fee.
5.24.050 Owner's Permit — Expiration.
5.24.060 Owner's Permit — Qualifications.
5.24.070 Owner's Duties.
5.24.080 Insurance and Indemnification Requirements.
5.24.090 Owner's Permit — Revocation — Grounds.
5.24.100 Owner's Permit — Revocation — Investigation and Hearing.
5.24.110 Owner's Permit — Transferability.
Article III. Drivers
5.24.120 Driver's Permit — Required.
5.24.130 Driver's Permit — Fee.
5.24.140 Driver's Permit — Qualifications — Police Chief Approval.
5.24.150 Driver's Duties.
5.24.160 Driver's Drug and Alcohol Testing.
5.24.170 Testing Procedures.
5.24.180 Information Request.
5.24.190 Reporting of Subsequent Conviction and Driver's License Status.
5.24.200 Revocation or Suspension of Taxicab Driver's Permit.
5.24.210 Hearing—Revocation or Suspension of Taxicab Driver's Permit.
5.24.220 Return of Taxicab Driver's Permit.
Article IV. Renewal Procedure
5.24.230 Owner's Permit Renewal.
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5.24.240 Driver's Permit Renewal.
Article V. Maintenance and Inspection of Taxicabs
5.24.250 Annual Inspection of Taxicabs_
5.24.260 Authority of Police Department to Inspect Taxicabs.
5.24.270 Unsafe or Unsuitable Taxicabs.
5.24.280 Things Deemed to Make a Taxicab Unsafe or Unsuitable.
5.24.290 Cleaning of Interior.
5.24.300 Cleaning of Exterior.
5.24.310 Age of Vehicle.
Article VI. Appeals
5.24.320 Right of Appeal from Denial of Issuance or Renewal of Taxicab Owner's Permit
or Taxicab Driver's Permit.
5.24.330 Procedure Upon Appeal.
Article I. - General Provisions
5.24.010 - Definitions.
The following terms, as used in this chapter, are defined as follows, unless the particular
provision or context requires otherwise:
A. "Operate within the city" or "operate within the corporate limits of the city" means the
soliciting, accepting, picking up, or embarking within the city of a passenger or
passengers for transportation or conveyance to any point within or without the city.
Prepaid round trips which originate outside the city limits shall not constitute a defined
operation under this subsection.
B. "Taxicab" means every vehicle operated over the public streets of the city, the vehicle
being routed under the direction of the passenger and which, in addition to such
specifications, is of a distinctive color and appearance such as is commonly used in
this state for taxicabs, and is operated at rates per mile, or for waiting time, or both.
The following types of transportation services are not taxicabs for the purpose of this
chapter: limousines, transportation network companies, and charter or scheduled bus
transportation, as each is defined in the California Public Utilities Code; paratransit
services as defined in the California Vehicle Code; and airport shuttles and wine tour
operators operating on a prearranged contract basis.
C. "Owner" means the corporation, business entity, or person who is registered with the
Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to
possession of the vehicle pursuant to a lease or rental agreement.
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5.24.020 - Compliance with chapter.
The provisions of this chapter shall be observed by all persons operating taxicabs within the
city, and it is unlawful to operate any taxicab in violation of any of such provisions.
All applications submitted pursuant to this chapter shall be on a form prescribed by the city
clerk.
Article II. – Owners
5.24.030 - Owner's permit—Taxicabs.
No individual or company shall operate any taxicab on or over any streets of the city without
having first obtained approval from the city clerk.
Every vehicle used by an Owner in transportation for compensation shall be licensed,
inspected, and insured annually as set forth in this chapter.
5.24.040 - Owner's permit—Fee.
The owner or lessee of any taxicab obtaining any permit under this chapter shall pay unto
the city clerk a permit fee as prescribed by the city. No permit issued under the provisions of this
chapter shall be valid until the city clerk endorses thereon an acknowledgment of the payment
of the fee for the current year. Such fee shall be due and payable to the city clerk on the first
day of January of each year and delinquent thirty days thereafter.
5.24.050 - Owner's permit—Expiration.
Any permit issued under this chapter shall expire at the end of the calendar year in which it
is issued; provided, that the fee therefor is paid in accordance with the provisions of this
chapter. Unless suspended or revoked, it shall be renewed upon application for renewal as set
forth in section 5.24.230.
5.24.060 - Owner's permit—Qualifications.
The owner's permit required by this chapter shall be granted in writing by the city clerk,
upon a satisfactory showing by the applicant that:
A. Applicant has submitted a financial statement which has been reviewed by the finance
director. The purpose of this requirement is to insure that the applicant or permit holder
makes use of the permit and that the permit is obtained and used by the person or
entity identified in the application documents rather than an undisclosed third party.
Initial applications shall include:
1. A statement of all assets, liabilities, and equities of the taxicab business or owner;
and
2. A statement of the expected revenues and expenses of the taxicab business
operation for the next year.
Renewal applications shall include:
1. A statement of all assets, liabilities, and equities of the taxicab business as of the
application date;
2. A statement of the actual revenues and expenses of the taxicab business for the
past year; and
3
3. A statement of the expected revenues and expenses of the business for the next
year.
B. Applicant has submitted evidence of insurance coverage as set forth in Section
5.24.080
C. The applicant's vehicle or vehicles are possessed of the following qualifications as
determined by the chief of police:
1. The vehicle must meet all requirements of the Vehicle Code of the state in regard
to equipment and mechanical condition. Further, it must be maintained in a safe,
clean, and sanitary condition throughout as set forth in Sections 5.24.250 through
5.24.310.
2. The vehicle must bear, visibly painted in a distinctive color, in figures at least three
inches high, a number of one or two digits, which number shall not be the number
of any other vehicle earlier granted a vehicle permit under this chapter. The
number shall be specified in the application and noted on the permit. The vehicle
must also bear, visibly painted in a distinctive color, in letters at least one and one-
half inches high, the name of the owner or lessee thereof.
3. The vehicle must carry in a conspicuous position within its passenger
compartment a clear, intelligible, and legible statement of the fares or charges to
be made in connection with the use of the vehicle. A copy of such fares and
charges shall be filed with the city clerk as well.
4. A taxicab over the entire exterior normally covered with paint must be painted in a
distinctive color or system of colors; and the color or system of colors shall be so
selected that the vehicle may not reasonably be confused with any ordinary private
vehicle.
D. The applicant shall provide annually a list and photograph, prepared under oath, of all
vehicles to be used in transportation for compensation, and/or which have been used
in transportation for compensation during the preceding year. The list shall identify
each vehicle by year, make, model, license plate, and vehicle identification number.
E. The applicant possesses a current City of Lodi business license and/or home
occupation permit as required in Section 17.36.060.
F. The applicant's business activities do not violate any land use or zoning laws,
including, but not limited to the prohibition of parking, storing, dispatching, or repairing
commercial vehicles in a residential zoning district pursuant to Sections
17.36.060(B)(2)(c), 17.36.060(B)(2)(i), and 17.36.060(C)(10).
5.24.070 - Owner's duties.
No person owning or leasing a taxicab shall, while such vehicle owned or leased is being
operated, do the following:
A. Fail to maintain as to such vehicle the qualifications required for a permit for such
vehicle under this chapter;
B. Do any act, or employ any person to do any act, which would be forbidden by Section
5.24.150 if done by a person driving or operating a taxicab; or
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C. Rent or lend the vehicle to any person who operates it, or permit any person to operate
it, except himself or his duly authorized agent.
Prior to placing any new or additional vehicle into service, the owner shall:
D. Inform the city clerk in writing of the acquisition or transfer of the vehicle into taxicab
operations;
E. Provide the date upon which such vehicle will be put into service;
F. Provide all information required under Section 5.24.060(D);
G. Provide proof of inspection as required in Section 5.24.250;
H. Provide proof of insurance as required in Section 5.24.080; and
I. Provide any other information requested by the city clerk related to such vehicle, its
ownership, or use in the owner's business operations.
5.24.080 - Insurance and indemnification requirements.
In order to ensure the safety of the public, it is unlawful for any person who owns a taxicab
to allow it to be operated or driven or to obtain a permit for its operation under this Chapter
unless and until such person has complied with the provisions of this section.
The owner or lessee of any taxicab must secure their ability to answer to any claim for
damage to person or property which may arise by reason of the operation of any vehicle as
follows:
A. General liability insurance in the minimum limits of not Tess than one million dollars for
injury or death to any person and not less than two million dollars for injury or death of
more than one person in the same accident;
B. Automobile insurance in the minimum limits of not Tess than five hundred thousand
dollars;
C. Insurance for property damage in the minimum limits of not less than fifty thousand
dollars; and
D. A certificate evidencing such insurance shall be filed with the city's risk manager and
shall name the city, its officers, agents, and employees as additional insureds.
Any person or entity issued a permit pursuant to this Chapter shall, and by acceptance of
the permit does, to the maximum extent permitted by law, agree to indemnify and hold harmless
the city of Lodi, its officers, employees, and agents from any and all damages, claims, liabilities,
costs, suits, or other expense resulting from and arising out of the permit holder's operations.
5.24.090 - Owner's permit—Revocation—Grounds.
The owner's permit required by this chapter may be revoked or suspended if one or more of
the following conditions exist:
A. The qualifications required for the granting of the owner's permit are no longer met by
the permittee or the permittee's vehicle or vehicles;
B. The permittee has been convicted of any violation of restrictions imposed upon the
permittee as owner or lessee under this chapter, or the permittee has become
bankrupt;
5
C The permittee has failed to maintain his/her vehicle or vehicles as required in Sections
5.24.250 to 5.24.310; or
D. The permittee is in violation of any of the provisions of this Chapter.
5.24.100 - Owner's permit—Revocation—Investigation and Hearing.
For the purpose of ascertaining whether any cause exists for the suspension or revocation
of an owner's permit under this Chapter, the chief of police may, and on direction of the city
council or upon complaint shall, cause strict inquiry to be made into the conduct of the
permittee, the sufficiency and validity of the permittee's security, and the conditions of the
permittee's vehicle or vehicles.
An owner's permit may be revoked for any cause which would have warranted denial
thereof in the first instance, for a failure to comply with any of the provisions of this Chapter, a
failure to comply with any conditions imposed upon the owner's permit or when taxicab business
operations have ceased for 10 consecutive days. If an owner's permit is granted and operation
of the service for which the permit is granted does not commence within four months of the date
of the approval thereof, the permit shall be automatically null and void. A revocation may be
appealed through the procedure set forth in Section 5.24.320. If the owner's permit is revoked,
the holder of the permit shall not reapply for six months from the date of revocation.
5.24.110 - Owner's permit—Transferability.
Any owner's permit issued under the provisions of this chapter may be sold, assigned,
leased, transferred or inherited as other property only upon written authorization of the city clerk.
In the event a permit is transferred, the transferee must satisfy all requirements of this Chapter
prior to engaging in taxicab business.
Article III. – Drivers
5.24.120 - Driver's permit—Required.
No person shall drive or operate any taxicab within the city unless he/she holds a permit, to
be known as a driver's permit, therefor, as provided in this Chapter, and no person shall drive or
operate a taxicab within the corporate limits of the city under or by virtue of any driver's permit
which has been suspended or revoked as provided in this Chapter.
5.24.130 - Driver's permit—Fee.
Every driver under this Chapter shall pay unto the city clerk an annual license fee in the
sum prescribed by resolution of the City Council, as amended from time to time. Owner -drivers
who_pay the owner's permit fee shall have the driver's permit fee waived. The fee shall be due
and payable the first day of January of each year and shall be delinquent thirty days thereafter.
5.24.140 - Driver's permit—Qualifications—Police chief approval.
A. A driver's permit or renewal thereof shall be issued to each applicant complying with the
provisions of this Chapter; such permit shall be issued by the city clerk pursuant to a finding
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by the chief of police that the applicant for a permit or for renewal is a person of good
character, and one who will not endanger the public interests and safety.
Applicants shall be subject to a criminal background check prior to the issuance of a driver's
permit. Thereafter a licensee shall be subject to a criminal background check upon request
of the chief of police or designee.
B. An applicant or licensee who, within the past ten years, has been convicted of any of the
below -listed offenses is not eligible to be granted or hold a driver's permit:
1. A felony, or of any crime under the laws of this state that would amount to a felony;
2. Any crime in this state or elsewhere in which fraud or intent to defraud was an element;
3. Unlawfully possessing or distributing controlled substances as defined in the laws of
the state or elsewhere;
4. Any sex offense or crime involving moral turpitude; or
5. Driving while under the influence of alcohol or drugs.
C. The applicant must hold a valid and appropriate driver's license issued by the Department
of Motor Vehicles of the state, under the Vehicle Code of the state.
D. The applicant, or licensee upon request, must be fingerprinted by the Lodi police
department.
E. Any person having been denied a driver's permit may appeal such decision as set forth in
Section 5.24.320.
F. Drivers operating as an independent contractor shall submit proof of a current city of Lodi
business license and/or home occupation permit as required in Section 17.36.060 and
ensure that their business activities do not violate any land use or zoning laws.
G. It shall be sufficient grounds to deny or revoke a driver's permit if any person fails to
disclose any relevant information, or provides false or misleading information pursuant to
this Section.
5.24.150 - Driver's duties.
No person driving or operating a taxicab shall, while operating such vehicle, do the
following:
A. Fail to maintain the qualifications required for an operator's permit under this chapter;
B. Refuse without good cause to accept as a passenger any person desiring
transportation who shall tender money sufficient to pay the fare to their stated
destination;
C. Transport passengers to their stated destination over an unnecessarily circuitous route;
D. Refuse to Toad and unload for any passenger such hand baggage as may not exceed
the reasonable internal capacity of the vehicle, and such other baggage as may not
reasonably exceed its capacity in trunk or top; or, after being requested, refuse to carry
such baggage to or from such buildings as the passenger may enter or leave;
E. Make false representations by word, act, conduct, or appearance regarding the name
or identity of persons owning or leasing the taxicab he operates, or regarding his own
identity; or refuse to give his name and the number of his vehicle to any person
requesting them;
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F. Refuse or fail, after being requested, to give a receipt for any fare paid;
G. Fail or neglect to report to the police department within twenty-four hours all property
left in his vehicle by any passenger; or
H. Charge passengers in excess of the posted rate or fee.
5.24.160 - Driver's drug and alcohol testing.
No person shall be issued, or have renewed, a driver's permit until they have presented
certification to the city clerk that they have tested negative for alcohol (breath alcohol
concentration of less than 0.02 percent) and each of the controlled substances specified in Part
40 (commencing with Section 40.1) of Title 49 of the Code of Federai Regulations. The date of
testing shall be within ten days of the date of issuance or renewal of a driver's permit. Test
results are confidential and shall not be released without the consent of the applicant, except as
authorized or required by law. Cost for such testing is the obligation of the applicant or employer
of the applicant.
5.24.170 - Testing procedures.
Applicant shall show a valid California driver's license at the time and place of testing.
Testing procedures shall be substantially as set forth in Part 40 (commencing with Section 40.1)
of Title 49 of the Code of Federal Regulations. The city may at random require a permitted
driver to be retested. If such a test is required by city, city shall pay the cost for such testing.
5.24.180 - Information request.
Upon the request of a driver applying for a permit, or renewal, the city clerk shall give the
applicant a list of the consortia certified pursuant to Part 382 (commencing with Section
382.101) of Title 49 of the Code of Federal Regulations that the city clerk knows offers tests in
or near the city.
5.24.190 — Reporting of subsequent conviction and driver's license status.
Any person issued a taxicab driver's permit who subsequently is convicted of any felony or
misdemeanor offense, or who ceases to possess a valid State of California driver's license of
the class required by state law for the type of motor vehicle such person drives, shall
immediately so inform the chief of police and his or her employer.
5.24.200 — Revocation or suspension of taxicab driver's permit.
A. The chief of police may suspend, for a period not to exceed thirty days, and may revoke
a driver's permit if the permittee:
1. Misrepresents facts relevant to the fitness of the driver if such misrepresentation
becomes known after a permit has been issued;
2. Violates the traffic laws of the city, county or state;
3. Is convicted for misdemeanor reckless driving;
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4. Drives a taxicab known to the operator not to be in good order and repair;
5. Knowingly falsifies material and relevant facts on an application for a taxicab permit;
6. Is convicted or pleads nolo contendere to the violation of any law involving alcohol;
7. Is convicted or pleads nolo contendere to the violation of any law involving moral
turpitude;
8. Operates any vehicle in a manner which constitutes a misdemeanor under the laws
of the State of California; or
9. Repeatedly fails to comply with the applicable provisions of this Chapter or the rules
and regulations prescribed by the chief of police.
B. The chief of police shall immediately suspend, for a period not to exceed thirty days,
and may revoke a taxicab driver's permit of any driver upon the receipt of information
reasonably sufficient and reliable to establish that the driver has committed a violation
of law involving:
1. A felony;
2. A sex offense;
3. Soliciting for prostitution;
4. A narcotics offense; or
5. Has had a license to drive issued by the State of California either suspended or
revoked by the state.
C. The chief of police shall immediately revoke the taxicab driver's permit if that driver has
been found guilty by final judgment of a court of competent jurisdiction of a violation of
the law involving:
1. A felony;
2. A sex offense;
3. Soliciting for prostitution; or
4. A narcotics offense.
D. Upon suspension or revocation, the driver shall immediately surrender the taxicab
driver's permit to the chief of police. In the event of suspension, the chief of police shall
return the taxicab driver's permit to its driver immediately after termination of the
suspension period.
5.24.210 - Hearing — Revocation or suspension of taxicab driver's permit.
Every taxicab driver whose permit has been suspended or revoked shall have the right to
appeal such decision as provided in Section 5.24.320.
5.24.220 - Return of taxicab driver's permit.
Taxicab driver's permits shall become void upon termination of employment. The employer
shall notify the City upon termination of employment. Taxicab driver pert -nits shall be returned to
the City upon termination of employment or a determination of revocation.
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Article IV. — Renewal Procedure
5.24.230 — Owner's permit renewal.
A permit holder must submit a renewal application along with the following items, and any
other information deemed necessary by the city clerk or chief of police, no later than 30 days
prior to the end of the calendar year in which the current permit was issued:
A. Renewal fee, as set forth in Section 5.24.040;
B. Proof a current city of Lodi business license and/or home occupation permit, as set forth
in Section 5.24.060;
C. Financial statement, as set forth in Section 5.24.060;
D. Proof of insurance, as set forth in Section 5.24.080;
E. A list and photograph, prepared under oath, of all vehicles to be used in transportation
for compensation, and/or which have been used in transportation for compensation
during the preceding year, as set forth in Section 5.24.060(D);
F. Proof of a mechanic's inspection, as set forth in Section 5.24.250; and
G. Proof of passing drug and alcohol testing, as set forth in Section 5.24.160.
5.24.240 — Driver's permit renewal.
A permit holder must submit a renewal application with the following items, and any other
information deemed necessary by the city clerk or chief of police, no later than 30 days prior to
the end of the calendar year in which the current permit was issued:
A. Renewal fee, as set forth in Section 5.24.130;
B. Proof of a current valid driver's license, as set forth in Section 5.24.140(C);
C. Proof of a current city of Lodi business license, as set forth in Section 5.24.140(F); and
D. Proof of completion of a drug and alcohol test, as set forth in Section 5.24.160.
Article V. — Maintenance and Inspection of Taxicabs
5.24.250 — Annual inspection of taxicabs.
To ensure continued maintenance of safe operating conditions, taxicabs, and their
equipment, operating or used pursuant to this Chapter shall be inspected annually by a licensed
automobile mechanic. The costs of inspections shall be paid by the vehicle owner. Proof of
inspection shall be submitted annually with a renewal application and shall include a statement
by a licensed automobile mechanic certifying that the vehicle is free of any defects or conditions
identified in Section 5.24.280.
5.24.260 — Police Department taxicab inspection authority.
The chief of police, or any member of the police department under his/her direction, shall
have the authority, at any time after displaying proper identification, to enter into or upon any
taxicab for the purpose of ascertaining whether or not any of the provisions set forth herein are
being violated.
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5.24.270 — Unsafe or unsuitable taxicabs.
It is unlawful and an infraction for the owner of any taxicab licensed pursuant to this
Chapter to maintain a taxicab in an unsafe or unsuitable condition. Any taxicab which is found to
be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of
service, and before again being placed in service, the owner shall provide evidence to the chief
of police, or any member of the police department under his/her direction, that the vehicle is
safe, and shall submit the vehicle to inspection.
5.24.280 — Things deemed to make a taxicab unsafe or unsuitable.
For the purposes of this section, the existence of the following named things, but not to the
exclusion of other things, shall be deemed to make a taxicab unsafe or unsuitable for taxicab
service:
A. Excessive leakage of oil, grease, gas or any other substance from any part of the
taxicab;
B. Defects in the frame or structural body of the taxicab;
C. The failure of any movable parts of the car, including doors, window, hoods, trunk,
lights, etc., to function in the proper working order;
D. The failure to maintain the tires, lights, turning signals, or brakes in safe operating
condition;
E. The failure to maintain the motor or other mechanical parts of the car in good and
safe operating condition;
F. The failure to have an exhaust system properly installed and in good working
condition that complies with state law;
G. Large or excessive dents or scratches in the body of the taxicab;
H. Improper maintenance of the exterior paint in the proper color scheme;
I. Excessive wear and tear on the upholstery, floor mats and other parts of the interior
of the taxicab;
J. The failure to have adequate interior lighting in proper working condition; or
K. The excessive emission of odors such as tobacco/smoke products from the interior of
the taxicab.
5.24.290 — Cleaning of interior.
The interior of every taxicab in service shall be kept in a clean and sanitary condition at all
times.
5.24.300 — Cleaning of exterior.
The exterior of every taxicab in service shall be kept in a clean condition at all times.
5.24.310 — Age of vehicle.
Taxicabs in service shall be no older than seven (7) years from the manufacture date
indicated on the vehicle by the manufacturer.
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Article VI — Appeals
5.24.320 - Right of appeal from denial of issuance or renewal of taxicab owner's permit or
taxicab driver's permit.
A. The city clerk or chief of police shall notify the applicant that the issuance or renewal of his
or her taxicab owner's permit or taxicab driver's permit has been denied. The city clerk or
chief of police shall also notify the applicant of the right to appeal the denial to the city
manager.
B. Any written appeal shall be filed with the city clerk within ten calendar days of transmittal of
the written notice to the person affected by such decision. Service shall be by regular postal
service or personal delivery.
C. A denial of issuance or renewal shall remain in effect until a duly -filed appeal is heard as
set forth in Section 5.24.330.
D. If no appeal is filed within the time allowed, the city's decision to not issue or renew the
taxicab owner's permit or taxicab driver's permit shall be considered final.
5.24.330 - Procedure upon appeal.
A. An applicant or permittee shall file an appeal within ten calendar days from the service of
the notice of denial, suspension, or revocation from the city clerk or chief of police.
B. Appeals to the city manager:
1. Any decision of the city clerk or chief of police which is a denial to issue or renew, or a
suspension or revocation of a taxicab owner's permit or taxicab driver's permit, shall
not become final until ten calendar days after the date of transmittal of the written
notice to the person affected by such decision, during which period the party to the
action may appeal the decision in the manner provided herein at any time prior to the
expiration of the ten-day period. If no appeal is taken before the expiration of the ten-
day period, the decision of the city clerk or chief of police shall be final.
2. The appeal of any decision shall be in writing signed by the party to the action briefly
setting forth the reasons why such decision is not proper, stating an address at which
the appellant will receive notices and filed with the city manager.
3. The city manager shall upon receipt of the appeal set the matter for hearing before a
hearing officer. The hearing officer shall be an attorney or recognized mediator
designated by the city attorney. The hearing shall be scheduled for not more than thirty
calendar days after receipt of the appeal unless a longer time is requested or
consented to by the appellant.
4. The hearing shall not be conducted under the formal Rules of Evidence, but shall be
subject to such standards of procedure and evidence as reasonable people would
utilize in the conduct of serious business.
5. The appellant (or a representative) shall have the right to present his or her case in
person.
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6. The hearing officer shall consider the case record as well as any statements offered by
interested parties. The hearing will be conducted according to administrative rules
relating to evidence and witnesses as set forth in Chapter 1.10 of this code.
7. If the hearing officer refuses to issue or restore a taxicab owner's permit or taxicab
driver's permit, the party to the action, or such party's agent, shall not file a new
application within three hundred sixty five days from the date of final action by the
hearing officer.
8. If the hearing officer suspends a taxicab owner's permit or taxicab driver's permit, the
hearing officer shall impose a period of suspension of not more than thirty days.
9. If the hearing officer's action is to grant or restore a taxicab owner's permit or taxicab
driver's permit, the hearing officer shall direct the city clerk to issue or restore the
certificate or license.
C. Any party dissatisfied with the decision of the hearing officer may carry the matter forward
under the provisions for administrative mandamus (Code of Civil Procedure Section
1094.5) as it now exists or may later be amended.
SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be givers effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days
after its passage, a summary of the ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code section 36933(c)(1).
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
Approved this day of , 2016
MARK CHANDLER
Mayor
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State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1930
was introduced at a regular meeting of the City Council of the City of Lodi held
September 21, 2016, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held , 2016, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
1 further certify that Ordinance No. 1930 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
Approved as to Form:
JANICE D. MAGDICH
City Attorney
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JENNIFER M. FERRAIOLO
City Clerk