HomeMy WebLinkAbout2017 CON San Diego Metropolitan Transit System MTS - Taxicab and Other For-Hire Vehicle RegulationsAGREEMENT FOR
ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS
BETWEEN
SAN DIEGO METROPOLITAN TRANSIT SYSTEM
AND
CITY OF NATIONAL CITY
THIS AGREEMENT is entered into by and between the City of National City, a municipal
corporation, 1243 National City Boulevard, National City, CA (herein called "CITY"), and the San
Diego Metropolitan Transit System, a public agency, 1255 Imperial Avenue, Suite 1000, San
Diego, CA (herein called "MTS"), in view of the following recitals, which are a substantive part of
this Agreement:
RECITALS
A. MTS is authorized under Section 120266, Chapter 2, Division 11 of the California
Public Utilities Code (PUC), to enter into contracts to regulate transportation services
within a city in its area of jurisdiction;
B. CITY is within MTS's jurisdiction created January 1, 1976, under Section 120050, et
seq., Chapter 2, Division 11 of the PUC;
C. CITY regulated taxicab and other for -hire vehicles in accordance with the National
City Municipal Code, Chapter 11.70; and
D. CITY desires that MTS regulate taxicabs and other for -hire vehicles and services
such as charter vehicles, sight-seeing vehicles, nonemergency medical vehicles, and
jitney vehicles pursuant to PUC Section 120266 and in accordance with MTS
Ordinance No. 11, "An Ordinance Providing for the Licensing and Regulating of
Transportation Services Within the City"
NOW THEREFORE, in consideration of the mutual covenants and conditions contained
in this Agreement, CITY and MTS agree as follows:
1. MTS will administer and enforce its taxicab and other for -hire vehicles Ordinance
policies and regulations as in effect on March 21, 2017, and as thereafter from time to time
amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and
transportation services rendered wholly within the CITY's corporate limits during the period of
March 21, 2017 through June 30, 2019, pursuant to PUC Section 120266.
2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now
or hereafter provided by the MTS Taxicab and Other For -Hire Vehicles Ordinance No. 11
policies, and regulations.
3. The CITY Manager and MTS Chief Executive Officer may supplement this
agreement by executing a Memorandum of Understanding relative to administrative and
operating procedures of taxicab and other for -hire vehicles regulation and to provide for
reimbursable staff and legal support services.
4. This Agreement shall be effective upon execution by the City and MTS and shall
continue until written notice of termination. This Agreement may be terminated at any time by
either party upon 180 days' written notice to the other party.
IN WITNESS THEREOF, this Agreement is executed by the CITY acting by and through
its Mayor pursuant to Council Resolution No. 2017- qO , and by MTS acting through its Chief
Executive Officer.
Dated this 21st day of March, 2017.
CITY OF NATIONAL CITY
n Morrison
Mayor
SAN DIEGO METROPOLITAN TRANSIT
SYSTEM
Paul
Chief - - . ive Officer
WE HEREBY APPROVE the form of the foregoing Agreement.
George H. Eiser III
Interim City Attorney
Date: Date: 4' (2
i
Attest: 4
A a/,
Michael R. Dalla, ity Clerk
Office of the General Counsel
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SAN DIEGO METROPOLITAN TRANSIT SYSTEM
CODIFIED ORDINANCE NO. 11
(as amended through October 13, 2016)
An Ordinance Providing for the Licensing and the Regulating
of Transportation Services Within the City by the Adoption
of a Uniform Paratransit Ordinance
MTS CODIFIED ORDINANCE NO. 11
TABLE OF CONTENTS
Description
Page No.
SECTION 1.0 - GENERAL REGULATIONS 1
Section 1.1 - Definitions 1
Section 1.2 - Operating Permits 4
Section 1.3 - Application for Permit 5
Section 1.4 - Issuance of Permit 6
Section 1.5 - Transfer and Administration of Permits 7
Section 1.6 - Blank 8
Section 1.7 - Blank 8
Section 1.8 - Equipment and Operating Regulations 8
Section 1.9 - Public Liability 14
Section 1.10 - Financial Ownership and Operating Records: Reporting Requirements 14
Section 1.11 - Destruction, Permanent Replacement or Retirement of For -Hire Vehicles 16
Section 1.12 - Driver's Identification Cards 17
Section 1.13 - Suspension and Revocation of Permit 19
Section 1.14 - Suspension and Revocation of Driver's Identification Cards 21
Section 1.15 - Surrender of Medallion 22
Section 1.16 - Right of Administrative Appeal from Denial, Suspension or Revocation of Permit or Driver's
Identification Card or Related Adverse Action 22
Section 1.17 - Procedure Upon Administrative Appeal 22
Section 1.18 - Exceptions to Provisions 23
Section 1.19 - Chief Executive Officer's Authority to Adopt Rules and Promulgate a Schedule of Fines 24
Section 1.20 - Americans with Disabilities Act 24
SECTION 2.0 - TAXICABS AND/OR LSVs 24
Section 2.1 - Types of Service 24
Section 2.2 - Rates of Fare 24
Section 2.3 - Equipment and Specifications 26
Section 2.4 - Operating Regulations 28
Section 2.5 - Stands 31
Section 2.6 - Radio Services 32
Section 2.7 - Driver Safety Requirements 33
SECTION 3.0 - CHARTER VEHICLES 33
Section 3.1 - Rates of Fare 33
Section 3.2 - Operating Regulations 34
SECTION 4.0 - SIGHTSEEING VEHICLES 34
Section 4.1 - Rates of Fare 34
Section 4.2 - Operating Regulations 35
SECTION 5.0 - NONEMERGENCY MEDICAL VEHICLES 35
Section 5.1 - Rates of Fare 35
Section 5.2 - Operating and Equipment Regulations 35
Section 5.3 - Driver Identification Cards 36
SECTION 6.0 - JITNEY VEHICLES 36
Section 6.1 - Rates of Fare 36
Section 6.2 - Jitney Routes 36
Section 6.3 — Operating Regulations 37
Section 6.4 - Jitney Holding Zones 38
Section 6.5 - Equipment and Specifications 38
SECTION 7.0 — LOW -SPEED VEHICLES 39
Section 7.1 — Low -Speed Vehicle (LSV) Definition 39
Section 7.2 — Establishment of Zones 39
Section 7.3 — Zone Rates of Fare 39
Section 7.4 — Spare Vehicle Policy 40
Section 7.5 — LSV Driver Identification Cards 41
Section 7.6 - Equipment and Specifications 41
SECTION 8 - EFFECTIVE DATE OF ORDINANCE 42
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SAN DIEGO METROPOLITAN TRANSIT SYSTEM
CODIFIED ORDINANCE NO. 11
(as amended through October 13, 2016)
An Ordinance Providing for the Licensing and the Regulating
of Transportation Services Within the City By the Adoption
of a Uniform Paratransit Ordinance
SECTION 1.0 - GENERAL REGULATIONS
Section 1.1 - Definitions
The following words and phrases, wherever used in this section, shall be construed as defined
in this section, unless from the context a different meaning is intended, or unless a different meaning is
specifically defined and more particularly directed to the use of such words or phrases.
(a) "Association" shall mean an incorporated or unincorporated group of persons united for
some purpose related to the operation of for -hire vehicles.
(b) "Board" shall mean the Board of Directors of the San Diego Metropolitan Transit System.
(c) A "low -speed vehicle" is a motor vehicle, other than a motor truck, having four wheels on
the ground and an unladen weight of 1,800 pounds or less, that is capable of propelling itself at a
minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour, on a paved level
surface. For the purposes of this section, a "low -speed vehicle" is not a golf cart, except when
operated pursuant to California Vehicle Code Section 21115 or 21115.1.
(d) "Charter vehicle" shall mean every vehicle which:
(1) Transports passengers or parcels or both over the public streets of the City;
(2) Is routed at the direction of the hiring passenger;
(3) Is prearranged in writing for hire;
(4) Is not made available through "cruising"; and
(5) Is hired by and at the service of a person for the benefit of himself or herself or a
specified group.
(e) "City" and "Cities" shall mean the incorporated areas of the Cities of El Cajon,
Imperial Beach, La Mesa, Lemon Grove, National City, Poway, San Diego, Santee and any other City
that has entered into a contractual agreement with MTS for the licensing and regulation of
transportation services.
(f) "Compensation" shall mean any money, thing of value, payment, consideration, reward,
tip, donation, gratuity or profit paid to, accepted, or received by the driver or owner of any vehicle in
exchange for transportation of a person, or persons; whether paid upon solicitation, demand or
contract, or voluntarily, or intended as a gratuity or donation.
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(g) "Cruising" shall mean the movement over the public streets of a taxicab or low -speed
vehicle (LSV) in search of prospective passengers; except the term does not include either the travel of
a taxicab or LSV proceeding to answer a call for service received by telephone or radio from an
intended passenger or the travel of such a vehicle, having discharged a passenger or passengers,
returning to the owner's place of business or to its established point of departure.
(h) "Days" shall mean working days, exclusive of weekends and holidays for which MTS
offices are closed.
(i) "Doing business" shall mean accepting, soliciting or transporting passengers for hire or
compensation in a City.
(j) "Driver" shall mean every person operating any for -hire vehicle.
(k) "Driver's identification card" shall mean license, issued pursuant to this Ordinance, which
permits a person to drive a for -hire vehicle within the City.
(I) "Employ" as used in this Ordinance includes any form of agreement or contract under
which the driver may operate the permit holder's for -hire vehicle.
(m) "Exclusive ride" shall mean exclusive use of a for -hire vehicle by one or more related
passengers at a time.
(n) "For -hire vehicle" shall mean every vehicle, other than public transit vehicles or vehicles
involved in an organized carpool not available to the general public, which is operated for any fare for
compensation and used for the transportation of passengers over city public streets, irrespective of
whether such operations extend beyond the boundary limits of said City. Such for -hire vehicles shall
include taxicabs, vehicles for charter, jitneys, nonemergency medical vehicles, sightseeing vehicles,
and LSVs.
(o) "Chief Executive Officer" shall mean the Chief Executive Officer of MTS or his or her
designated representative.
(p) "Group ride" shall mean shared use of a taxicab or LSV where a group of related
passengers enter at the same point of origin and disembark at the same destination and pay a single
fare for the trip.
(q) "Hearing officer" shall mean any person or entity that meets the requirements of this
ordinance and that has been retained to conduct administrative hearings.
(r) "Jitney" shall mean every vehicle which:
(1) Transports passengers or parcels or both over the public streets of the City;
(2) Follows a fixed route of travel between specified points with the fare based on a
per capita charge established in its permit; and
(3) Is made available to boarding passengers at specified locations along its route
on a variable schedule.
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(s) "Medallion" shall mean the numbered plate, sticker, or decal issued by MTS to the
permit holder which is displayed on a for -hire vehicle to indicate the authorized use or uses of that
vehicle.
(t) "MTS" shall mean the San Diego Metropolitan Transit System Board, a public agency
created pursuant to Public Utilities Code Section 120050 et seq.
(u) "MTS inspector" shall mean those individuals, regardless of job title, who are authorized
by the Board, by ordinance, to enforce the provisions of this Ordinance.
(v) "Nonemergency medical vehicle" shall mean every vehicle which:
(1) Transports physically and/or mentally disabled persons, regardless of whether
specialized transportation equipment or assistance is needed, for primarily medical purposes, over the
public streets of the City. Medical purposes is defined as providing transportation services to or from
the following places: hospitals, convalescent homes, retirement homes, homes receiving funding for the
board and care of residents living in those homes, medical or rehabilitation clinics, senior citizen
centers, and any other like social service category, over the public streets of the City. It shall be the
responsibility of the transportation provider to determine if the service is primarily for medical purposes.
(w) "Operate" or "Operating" shall refer to the solicitation or acceptance of a fare within City
limits for compensation or providing passenger transportation for compensation, regardless if such
compensation is obtained from the passenger or a third party. It shall also include, as the context may
require, the act of driving, managing or directing the utilization of one or more for -hire vehicles.
(x) "Owner" shall mean the person, partnership, association, firm or corporation that is the
registered owner of any for -hire vehicle and that holds the right to use the vehicle for its advantage.
(Y)
"Passenger" shall mean every occupant other than the driver of the for -hire vehicle.
(z) "Permit" shall mean the authority under which a person, firm, partnership, association; or
corporation may operate a for -hire vehicle as a business.
(aa) "Permit holder" shall mean any person or approved entity operating a business under a
for -hire vehicle permit.
(bb) "Shared ride" shall mean nonexclusive use of a for -hire vehicle by two or more unrelated
passengers traveling between different points of origins and/or destination, and traveling in the same
general direction.
(cc) "Shifts" shall mean the minimum number of hours a permit holder or driver operates a
for -hire vehicle.
(dd) "Sightseeing vehicle" shall mean every vehicle which:
(1) Transports passengers for sightseeing purposes of showing points of interest
over the public streets of the City; and
(2) Charges a fee or compensation therefor; regardless of whether any fee or
compensation is paid to the driver of such sightseeing vehicle, either by the passenger or by the owner
or by the person who employs the driver or contracts with the driver or hires such sightseeing vehicle
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with a driver to transport or convey any passenger; and irrespective of whether or not such driver
receives any fee or compensation for his or her services as driver.
(ee) "Stands" shall mean public areas designated for specific use of for -hire vehicles.
(ff) "Street" shall mean any place commonly used for the purpose of public travel.
(gg) "Taxicab" shall mean every vehicle other than a vehicle -for -charter, a jitney, a
nonemergency medical vehicle, a sightseeing vehicle, or LSV which:
(1) Transports passengers or parcels or both over city public streets.
(2) Is made available for hire on call or demand through "cruising," at taxi stands or
by telephone to destination(s) specified by the hiring passenger.
(hh) "Taximeter" shall mean any instrument, appliance, device, or machine by which the
charge for hire of a passenger -carrying vehicle is calculated, either for distance traveled or time
consumed, or a combination of both, and upon which such charge is indicated by figures.
(ii) "Vehicle" is a device by which any person or property may be propelled, moved, or
drawn upon a street, excepting a device moved exclusively by human power or used exclusively upon
stationary rails or tracks.
(Section 1.1 amended 5/12/2016)
(Section 1.1 amended 8/7/2003)
(Section 1.1 amended 11/14/2002)
(Section 1.1 amended 6/24/1999)
(Sections 1.1(d), 1.1(R)(1) amended 6/22/1995)
(Section 1.1 amended 1/12/1995)
(Section 1.1 amended 6/27/1991; effective 7/27/1991)
(Section 1.1 amended 5/23/1991; effective 6/23/1991)
Section 1.2 - Operating Permits
(a) No person shall engage in the business of operating any for -hire vehicle or in the
business of providing any vehicle for the operation of vehicle for -hire services within the cities without
first having obtained an operating permit from the Chief Executive Officer or his designated
representative, which permit has not been revoked, suspended or otherwise canceled or terminated by
operation of law or otherwise. A separate permit is required for each for -hire vehicle operated or
provided for operation.
(b) An operating permit represents the granting of a privilege to operate a for -hire vehicle
within the cities or zones specified by the permit for the purpose of the public convenience and
necessity. This privilege may be rescinded at any time by operation of law or otherwise.
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(c) A person who obtains an operating permit shall be responsible for the provision of
vehicle -for -hire services in accordance with the provisions of this ordinance and shall exercise due
diligence to assure that drivers of the permitted vehicles adhere to all pertinent requirements of this
ordinance.
(Section 1.2 amended 8/7/2003)
(Section 1.2 amended 11/14/2002)
(Section 1.2 amended 6/24/1999)
Section 1.3 - Application for Permit
(a) All persons applying to the Chief Executive Officer for new permit(s) for the operation of
one or more for -hire vehicles shall file with the Chief Executive Officer a proposal to meet San Diego
City Council Policy 500-02 requirements, and a sworn application therefore on forms provided by the
Chief Executive Officer, stating as follows:
(1) The applicant name, company name (doing business as, mailing and business
address (a business address is not a Post Office [PO] Box), and telephone number of the permit
applicant;
(2) The number of permitted vehicles actually owned and operated by such owner
on the date of application, if any;
(3)
The name and address of all legal and registered owner(s) of the vehicle(s);
(4) The name and address of each person with a financial interest in the business
which operates the vehicle;
(5)
Data sufficient to establish the applicant's financial responsibility;
(6) The number of vehicle(s) for which a permit(s) is desired;
(7) Proof that vehicle(s) meet California Air Resources Board criteria for zero
emissions/low emissions, are ADA-compliant, are no older than 10 years of the model age and do not
have a "salvage" title, and are equipped with a Global Positioning System (GPS).
(8) The rates of fare which the applicant proposes to charge for vehicle -for -hire
services;
(9) A description of the proposed color scheme, insignia, trade style, or any other
distinguishing characteristics of the proposed vehicle design;
(10) Where the application is for a limited permit or LSV, a detailed description of the
geographic area in which said permit shall be in existence; and
(11) Such other information as the Chief Executive Officer may in his or her discretion
require.
(12) Provide evidence of at least six -months' experience driving a taxicab,
transportation network vehicle, charter party carrier services, or similar service oriented
transportation or managing a demand responsive transportation service, or similar service oriented
business.
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(13) Provide a customer service and a customer complaint plan.
(14) Provide a plan for administrative functions, vehicle maintenance, and off-street
storage for vehicle when not in use.
(15) Provide a radio service plan incorporating 24 hour staffing and computerized
dispatch utilizing GPS technology.
(b) The applicant shall also submit, with the application, a nonrefundable application fee prior to
the permit approval. Upon issuance of the permit, the applicant shall also pay an initial
nonrefundable permit vehicle regulatory fee to be determined by the Chief Executive Officer
in order to recover the cost of processing such applications.
(Section 1.3 amended 2/12/2015)
(Section 1.3 amended 11/15/2012)
(Section 1.3 amended 8/7/2003)
(Section 1.3 amended 11/14/2002)
Section 1.4 - Issuance of Permit
(a) Based on San Diego City Council Policy 500-02 requirements, the Chief Executive
Officer shall determine the number of permits to be granted any applicant(s) and approve permits for
any applicant(s) subject to such conditions as the Board and San Diego City Council Policy 500-02 may
deem advisable or necessary in the public interest. Before a permit may be approved, the applicant
shall pay an initial regulatory fee in an amount to be determined by the Chief Executive Officer.
(b) The Chief Executive Officer shall deny the approval of a permit upon making a finding:
(1) That the applicant is under twenty-one (21) years of age; or
(2) That within the five (5) years immediately preceding the processing of the
application, the applicant has been convicted of, or held by any final administrative determination to
have been in violation of any statute, ordinance, or regulation reasonably and rationally pertaining to
the same or similar business operation which would have resulted in suspension or revocation of the
permit in accordance with Section 1.13 of this Ordinance. For purposes of this section, a plea or verdict
of guilty, a finding of guilty by a court, a plea of nolo contendere or a forfeiture of bail shall be deemed a
conviction; or
(3) That the applicant provided false information of a material fact in an application
within the past five (5) years.
(c) All permits issued after April 1, 2015 shall be renewable annually upon evidence San
Diego City Council Policy 500-02 requirements are being met, and payment of a regulatory fee in an
amount and on a date to be determined by the Chief Executive Officer.
(d) No permit issued after April 1, 2015 shall be approved or renewed for any person who
has not fully complied with all of the requirements of this Ordinance, San Diego City Council Policy 500-
02, and all other applicable laws and/or regulations necessary to be complied with before
commencement of the operation of the proposed service.
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(e) Permits held prior to April 1, 2015 by corporations and LLCs shall meet all of the
screening criteria included in San Diego City Council Policy 500-02 by February 12, 2020. However,
upon issuance of any new permits to said corporation or LLC, or upon the transfer of a permit to said
corporation or LLC, the corporation or LLC shall need to be in compliance with requirements of this
Ordinance and San Diego City Council Policy 500-02 for the new permit(s).
(f) When the permit has been approved and upon determination by the Chief Executive
Officer that the color scheme and the company name (doing business as) are sufficiently distinctive so
as not to cause confusion with other for -hire vehicles already operating, and that the for -hire vehicle,
after appropriate inspection, meets the requirements of this Ordinance, the Chief Executive Officer will
issue a numbered medallion(s) to be affixed to the for -hire vehicle.
(Section 1.4 amended 2/12/2015)
(Section 1.4 amended 11/15/2012)
(Section 1.4 amended 11/14/2002)
Section 1.5 - Transfer and Administration of Permits
(a) Each permit issued pursuant to the provisions of this section is separate and distinct and
shall be transferable from the permit holder to another person or entity only with the approval of the
Chief Executive Officer, and upon meeting the requirements of this Ordinance and San Diego City
Council Policy 500-02 including, but not limited to:
(1) Provide evidence of at least six -months' experience driving a taxicab,
transportation network vehicle, charter party carrier services, or similar service oriented
transportation or managing a demand responsive transportation service, or similar service oriented
business.
(2) Vehicle(s) must meet California Air Resources Board criteria for zero
emissions/low emissions, be ADA-compliant, be equipped with a Global Positioning System (GPS), be
no older than 10 years of the model age and not have a "salvage" title.
(3) Provide a customer service plan that demonstrates, a requirement for drivers to
accept credit cards, detailed record keeping of all calls for service, trips provided, and a customer
service complaint resolution plan.
(4) Provide a plan for administrative functions, vehicle maintenance, and off-street
storage for vehicle when not in use.
(5) Provide a radio service plan incorporating 24 hour staffing and computerized
dispatch utilizing GPS technology.
(b) Permits held prior to April 1, 2015 shall be in compliance with San Diego City Council
Policy 500-02 Screening Criteria by February 12, 2020. Whenever a corporation or LLC is issued any
new permits, then it shall be in compliance with requirements of this Ordinance and San Diego City
Council Policy 500-02.
(c) The proposed transferee shall file with the Chief Executive Officer a sworn application
for the transfer and shall comply with the requirements of Section 1.3. The permit holder shall certify in
writing that the permit holder has notified the proposed transferee of the requirements of this section
pertaining to the transfer of a permit. Whenever an application for a transfer of permit is filed, the Chief
Executive Officer shall process the application for transfer in accordance with Section 1.4 of this
Ordinance.
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(d) The Chief Executive Officer shall charge regulatory fees to affect the full cost recovery of
activities associated with the administration, regulation, issuance, or transfer of for -hire vehicle permits
and associated records.
(1) Changes in fee schedules affecting permits shall be mailed to all permit holders.
Changes shall be effective thirty (30) calendar days thereafter.
(2) Any person objecting to a particular fee or charge may file, within ten (10) days of
the mailing of such changes, an appeal for review with the Chief Executive Officer who shall thereafter
process it in accordance with Section 1.17; provided, however, that the sole issue to be determined on
review is whether the fee or charge exceeds the reasonable costs for personnel salaries and
administrative overhead associated with the particular administrative service or function.
(Section 1.5 amended 2/12/2015)
(Section 1.5 amended 8/7/2003)
(Section 1.5 amended 11/14/2002)
Section 1.6 - Blank
The text of Section 1.6 is deleted in its entirety effective February 12, 2015.
(Section 1.6 deleted 2/12/2015)
(Section 1.6 amended 11/14/2002)
Section 1.7 - Blank
The text of Section 1.7 is deleted in its entirety effective October 24, 1998.
(Section 1.7 was deleted 9/24/1998)
Section 1.8 - Equipment and Operating Regulations
(a) No medallion shall be issued for a vehicle unless the vehicle conforms to all the
applicable provisions of this Ordinance.
(b) The privilege of engaging in the business of operating a for -hire vehicle in a City granted
in the permit is personal to the permit holder, who must be the owner of the for -hire vehicle. The rights,
requirements, and responsibilities which attach to the permit remain with the holder at all times the
for -hire vehicle is operated under the authority of the permit. These rights, requirements and
responsibilities, which include, but are not limited to, the requirements of this Ordinance, will remain
unaffected by any agreement or contractual arrangement between the permit holder and those persons
who operate for -hire vehicles, irrespective of the form or characterization of the agreement under which
the driver operates the for -hire vehicle.
(c) The permit holder shall maintain a business address, a mailing address where he or she
can accept mail directed to his or her company, and a business telephone in working order which must
be answered during normal business hours, Monday through Friday, and during all hours of operation.
The permit holder shall, in the case of any change in his or her business address, mailing address, or
business telephone, notify the Chief Executive Officer in writing of such change within forty-eight (48)
hours of the effective date of this change.
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(d) Before a for -hire vehicle is placed in service and at least annually thereafter, the for -hire
vehicle shall be delivered to a place designated by the Chief Executive Officer for inspection. All new
permit holders are required to observe at least one full vehicle inspection as part of the initial permit
issuance. MTS inspectors shall inspect the for -hire vehicle and its equipment to ascertain whether the
vehicle complies with the provisions of this Ordinance. Failure to produce the vehicle for inspection
shall be cause for suspension or revocation of the permit for such vehicle.
(e) Any MTS inspector or peace officer, after displaying proper identification, may make
reasonable and periodic inspections of any for -hire vehicle operating under an MTS permit for the
purpose of determining whether the vehicle is in compliance with the provisions of this Ordinance.
(f) Any for -hire vehicle which fails to meet the requirements of the California Vehicle Code
or this section after inspection shall be immediately ordered out -of -service by an MTS inspector or
peace officer if it is unsafe for service. Ordering a vehicle out -of -service does not constitute a
suspension or revocation of the permit. A vehicle is deemed unsafe for service when any of the
following conditions exists:
(1) Tires fail to meet the requirements of the California Vehicle Code;
(2) Headlights, taillights or signal lights are inoperable during hours of darkness
(sunset to sunrise);
(3) Windshield wipers are inoperable during rain conditions;
(4) Meter is not working, the meter displays signs of tampering, the seal is broken,
the County of San Diego seal is more than thirteen (13) months old from the date of issuance, or a
Service Agent's temporary seal is more than ninety (90) days old from the date of issuance;
(5) Brakes, brake lights or brake system are inoperable or otherwise fail to meet the
requirements of the California Vehicle Code;
Excessive play in steering wheel exceeding three (3) inches;
Windshield glass contains cracks or chips that interfere with driver's vision;
Any door latch is inoperable from either the interior or exterior of the vehicle;
Any seat is not securely fastened to the floor;
Seat belts, when required, fail to meet requirements of the California Vehicle
Code;
(11) Either side or rearview mirrors are missing or defective;
(12) Any vehicle safety system light is activated; and
(13) Any other condition which reasonably and rationally pertains to the operating
safety of the vehicle or to passenger or pedestrian safety.
(g) If the vehicle is not unsafe but is unsuitable or otherwise in violation of this Ordinance or
any vehicle condition/equipment section of the California Vehicle Code, the operator or permit holder,
as appropriate, shall be subject to a seventy-two (72) hours correction notice.
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(1) Failure to correct such violation within the seventy-two (72) hours shall then be
cause to order the vehicle out -of -service. When a vehicle is ordered out -of -service, the medallion shall
be immediately removed.
(2) Before the vehicle may again be placed in service, the violation shall be
corrected and the vehicle shall be inspected by an MTS inspector.
(3) The medallion shall be reaffixed when the MTS inspector finds that the vehicle
meets prescribed standards.
(h) The interior and exterior of the for -hire vehicle shall be maintained in a safe and efficient
operating condition, and meet California Vehicle Code requirements and the requirements of this
Ordinance at all times when in operation. The following minimum vehicle standards must be
maintained to comply with this section:
(1) Wheels. Hubcaps or wheel covers shall be on all wheels for which hubcaps or
wheel covers are standard equipment.
(2) Body Condition. There shall be no tears or rust holes in the vehicle body and no
loose pieces hanging from the vehicle body. Fenders, bumpers, and light trim shall be securely fixed to
the vehicle. No extensive unrepaired body damage shall be allowed. The vehicle shall be equipped
with front and rear bumpers. The exterior of the vehicle shall be maintained in a reasonably clean
condition so as not to obscure the approved color scheme and/or vehicle markings.
(3) Paint. The exterior of the vehicle shall be painted and marked in accordance
with the color scheme approved under Section 1.4 (f) of this Ordinance. Paint and markings may not
be faded or deteriorated in such a manner as to preclude immediate recognition of the approved color
scheme.
(4) Lights. Headlights shall be operable on both high and low beam. Taillights,
parking lights, signal lights, and interior lights shall all be operable.
(5) Wipers. Each vehicle shall be equipped with adequate windshield wipers
maintained in good operating condition.
(6) Brakes. Both the parking and hydraulic or other brake system must be operable.
(7) Steering. Excessive play in the steering mechanism shall not exceed three (3)
inches free play in turning the steering wheel from side to side.
(8) Engine. The engine compartment shall be reasonably clean and free of
uncontained combustible materials.
(9)
Mufflers. Mufflers shall be in good operating condition.
(10) Windows. The windshield shall be without cracks or chips that could interfere
with the driver's vision. All other windows shall be intact and able to be opened and closed as intended
by the manufacturer. The windows and windshield shall be maintained in a reasonably clean condition
so as not to obstruct visibility.
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(11) Door Latches. All door latches shall be operable from both the interior and
exterior of the vehicle.
(12) Suspension. The vehicle's suspension system shall be maintained so that there
are no sags because of weak or broken springs or excessive motion when the vehicle is in operation
because of weak or defective shock absorbers.
(13) Seats. All seats shall be securely fastened. Seat belts, when required by the
California Vehicle Code, shall be installed. The upholstery shall be free of grease, holes, rips, torn
seams, and burns.
(14) Interior. The interior of each vehicle and the trunk or luggage area shall be
maintained in a reasonably clean condition, free of foreign matter, offensive odors, and litter. The seats
shall be kept reasonably clean and without large wear spots. The door handles and doors shall be
intact and clean. The trunk or luggage area shall be kept empty except for spare tire and personal
container for the driver not exceeding one (1) cubic foot in volume and emergency equipment, to allow
maximum space for passenger luggage and belongings.
(i) Each for -hire vehicle except taxicabs shall contain:
(1) A fire extinguisher of the dry chemical or carbon dioxide type with an aggregate
rating of at least 5 B/C units and a current inspection card affixed to it.
(2) A minimum of three (3) red emergency reflectors.
(3) A first -aid kit containing medical items to adequately attend to minor medical
problems.
Q) In the event that a for -hire vehicle for which a permit has been approved is taken out of
service, the permit holder may utilize a spare for -hire vehicle which has been duly inspected by an MTS
inspector and approved prior to use. The permit holder must immediately inform an MTS inspector
when a spare for -hire vehicle is in use and the location of the disabled vehicle. The spare vehicle will
be issued a "spare vehicle" sticker which must be affixed to the left rear portion of the for -hire vehicle
for which it is approved, in plain view from the rear of the for -hire vehicle. The permit holder may utilize
one (1) spare for -hire vehicle for a period not to exceed sixty (60) days. This subsection shall not be
construed, nor deemed to replace, those provisions in this Ordinance which apply to permanent
replacement of a for -hire vehicle.
(k) The medallion issued to the permit holder must be affixed by an MTS inspector on the
for -hire vehicle for which the permit is approved in plain view from the rear of the for -hire vehicle. The
permit holder must immediately report the loss, destruction, or defacing of a medallion to the Chief
Executive Officer. Except as provided in Subsection (j), it shall be unlawful to operate a for -hire vehicle
without the medallion affixed and visible.
(I) There shall be displayed in the passenger compartment of each for -hire vehicle between
the sun visors, in full view of the passengers in the front and rear seats, a card not less than ten (10)
inches wide by six (6) inches high in size. Posted on this card, utilizing "Universe" font in black ink on
white background, shall be:
1) The first line of the card, 3/4 inch in height, shall say one of the following
according to permit type: TAXICAB, SIGHTSEEING, CHARTER, NONEMERGENCY, LOW -SPEED
VEHICLE, OR JITNEY LOST AND FOUND.
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2) Below this, the card shall include the vehicle medallion number in three-inch
numerals.
3) Below the medallion number, the name, address, and phone number of the MTS
Taxicab Administration and the permit holder and/or permit holder trade name shall be printed, 1/4-inch
in height.
4) No other signs, markings, lettering, decals, or any type of information shall be
displayed within 18 inches around the above sign.
5) No other signs, markings, lettering, decals or any type of information except the
rates of fare and the tire size specifications required by San Diego County Weights and Measures shall
be posted within the area 18 inches around the taxicab meter.
(m) There shall be carried either on the person of the driver or in each for -hire vehicle, a map
of the City, published within the past two (2) years, or an electronic device equipped with a GPS
enabled map, which shall be displayed to any passenger upon request.
(n) The rates of fare charged for for -hire vehicle services shall be clearly displayed in the
passenger compartment.
(o) Each for -hire vehicle licensed to operate in the City shall have located on the passenger
side dashboard area a driver identification card provided by the County of San Diego Sheriff or the
Chief Executive Officer. The driver identification card shall have no alterations or information covered.
The driver identification card shall be visible to passengers, peace officers and MTS inspectors so they
can easily view the driver identification card from either inside or outside the vehicle. The driver
identification card shall bear the following information:
(1) The number of the license of the driver;
(2) The name and business address of the driver;
(3) The name of the owner of the vehicle; and
(4) A small photograph of the driver.
(p) Each for -hire vehicle shall be equipped with a rearview mirror affixed to the right side of
the vehicle, as an addition to those rearview mirrors otherwise required by the California Vehicle Code.
(q) The driver shall offer each passenger a printed receipt upon payment of the fare. The
receipt shall accurately show the date, the amount of the fare, the driver's name and ID number, the
taxicab number, the company (DBA) name, and the radio service name with phone number.
(r) All disputes to fare shall be determined by the peace officer or MTS inspector most
readily available where the dispute is had. It shall be unlawful for any person to fail or refuse to comply
with such determination by the peace officer or MTS inspector.
(s) It is unlawful for any person to refuse to pay the lawful fare of a for -hire vehicle after
employing or hiring the same.
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(t) The driver of any for -hire vehicle shall promptly obey all lawful orders or instructions of
any peace officer, fire fighter, or MTS inspector.
(u) No driver of any for -hire vehicle shall transport any greater number of persons, including
the driver, than the manufacturer's rated seating capacity for the vehicle.
(v) It shall be unlawful for any person to solicit business for a for -hire vehicle by making a
contract or agreement with any owner of any hotel, apartment house, motel, inn, rental units,
restaurant, or bar, or with the agent or employees of such owner, by which the owner, agent or
employee receives any type of payment or commission for recommending or directing any passenger
to a specific for -hire vehicle or company. It shall be unlawful for any permit holder, association, or
driver to have or make a contract or agreement with any owner of any hotel, apartment house, motel,
inn, rental units, restaurant, or bar, or with the agents or employees of such owner, by which the permit
holder, association or driver receives any type of payment or commission for recommending or
directing any passenger to an establishment operated by a specific owner.
(w) The driver of a for -hire vehicle shall wear, in a manner clearly visible on their person, an
identification card approved by the Chief Executive Officer.
(x) The Board specifically finds that the dress, grooming, and conduct of for -hire vehicle
drivers affect the public health and safety, particularly as it relates to visitors and the tourist industry.
Therefore, while driving or operating a for -hire vehicle, drivers shall be hygienically clean, well groomed
and neat, and suitably dressed. Violations of this subsection are administrative in nature and shall not
be the subject of criminal prosecution.
(1) The term "hygienically clean" shall refer to that state of personal hygiene, body
cleanliness, and absence of offensive body odor normally associated with bathing or showering on a
regular basis.
(2) The term "well-groomed" shall mean that male drivers shall be clean-shaven,
except for those parts of the face where a beard or mustache is worn and their hair shall be neatly
trimmed; beards or mustaches shall be groomed and neatly trimmed at all times in order not to present
a ragged appearance. For all drivers, it shall mean that scalp or facial hair shall be combed or brushed
and that all clothing is clean, free from soil, grease and dirt, and without unrepaired rips or tears.
(3) The term "neat and suitably dressed" shall be interpreted to require that a driver
shall be fully covered by clothing at a minimum from a point not to exceed four (4) inches above the
center of the kneecap to the base of the neck, excluding the arms. Drivers shall wear shoes. It shall
not be permissible for any driver to wear as an outer garment any of the following: undershirt or
underwear, tank tops, body shirts (see -through mesh), swim wear, jogging or warm-up suits or
sweatshirts or similar attire, jogging or bathing shorts or trunks, or sandals. Trouser -type shorts that
are no shorter than four inches above the center of the kneecap are permissible.
(y) The color scheme of a for -hire vehicle may not be changed without the prior written
permission of the Chief Executive Officer.
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(z) For -hire vehicles shall comply with the California Vehicle Code, e.g., not impede traffic,
and, where applicable, not operate on streets where posted speed limits are above 35 miles per hour.
For -hire vehicle drivers, including taxicab, shall not load or unload passengers in traffic lanes.
(Section 1.8 amended 10/13/2016)
(Section 1.8 amended 5/12/2016)
(Section 1.8 amended 2/12/2015)
(Section 1.8 amended 8/7/2003)
(Section 1.8 amended 11/14/2002)
(Section 1.8 amended 9/24/1998)
(Section 1.8 amended 2/13/1997)
(Section 1.8 amended 6/24/1993)
Section 1.9 - Public Liability
(a) It shall be unlawful to operate a for -hire vehicle unless the permit holder establishes and
maintains in effect one of the forms of financial responsibility specified in this section.
(1) This requirement may be met by maintaining a valid policy of insurance executed
and delivered by a company authorized to carry on an insurance business, the financial responsibility of
which company has been approved by the Chief Executive Officer. The terms of the policy shall
provide that the insurance company assumes financial responsibility for injuries to persons or property
caused by the operation of the for -hire vehicle in an amount determined by the Chief Executive Officer.
(2) The permit holder may also meet this requirement by obtaining a certificate of
self-insurance for a specified amount approved by the Board and pursuant to the applicable provisions
of the California Vehicle Code.
(b) A valid proof of insurance issued by the company providing the insurance policy required
under Subsection (a) (1) of this section shall be filed with and approved by the Chief Executive Officer.
This certificate shall provide that MTS is a named certificate holder and shall be placed in each vehicle,
per California Vehicle Code Section 16020. It shall also provide that the insurer will notify MTS of any
cancellation and that the cancellation notice shall be in writing and shall be sent by registered mail at
least thirty (30) days prior to cancellation of the policy. The certificate shall also state:
(1) The full name of the insurer;
(2) The name and address of the insured;
(3) The insurance policy number;
(4) The type and limits of coverage;
(5) The specific vehicle(s) insured;
(6) The effective dates of the certificate; and
(7) The certificate issue date.
(Section 1.9 amended 9/17/2015)
(Section 1.9 amended 11/14/2002)
Section 1.10 - Financial Ownership and Operating Records: Reporting Requirements
(a) Every person engaged in the business of operating a for -hire vehicle within the City
under a permit granted by the Chief Executive Officer shall maintain:
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(1) Financial records, including but not limited to the current executed taxicab driver
lease agreement that includes all aspects of the business relationship between the permit holder and
the lessee, and written receipts of all payments from lessee in accordance with good accounting
practices;
(2) Ownership records; and
(3) Operating records in a form, and at intervals, which shall be determined from
time to time by the Chief Executive Officer.
(b) Ownership and operating records shall be made available to the Chief Executive Officer
upon demand at any reasonable time. The permit holder shall retain operating records for a minimum
of six (6) months from the date the records are created.
(c)
following:
California;
For purposes of this section, ownership records shall include, but are not limited to, the
(1) Copies of the Articles of Incorporation as filed with the Secretary of State of
(2) Records identifying all corporate officers and members of the corporation's Board
of Directors. A corporation shall report any change in corporate officers or members of its Board of
Directors to MTS within ten (10) days of the effective date.
(3)
stock; and
A stock register recording the issuance or transfer of any shares of the corporate
(4) The registration cards issued by the State of California Department of Motor
Vehicles to the vehicle owner for all for -hire vehicles operated under the authority of an MTS for -hire
vehicle permit. Valid proof of registration shall be maintained in the vehicle at all times.
(d) For purposes of this section, operating records shall include, but are not limited to, the
following:
(1) Typed or written dispatch records for taxicab or LSV companies which operate
their own radio dispatch service;
(2) Any logs which a for -hire vehicle driver keeps describing the trips carried by a
for -hire vehicle other than a taxicab;
(3)
Section 2.4 (q); and
Copies of the daily trip log required by taxicab or LSV drivers under
(4) Any other similar records.
(e) Between January 1 and December 31 of each calendar year, every permit holder shall
file with the Chief Executive Officer a signed statement which shall report and attest to the accuracy of
the following information:
(1) The individual name(s), business name, business address, and telephone
number of the permit holder(s);
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(2) The name and address of all legal and registered owner(s) of the for -hire
vehicle(s);
(3) The name and address of each person with a financial interest in the business
which operates the vehicle(s); and
(4) The year, manufacturer, model, vehicle identification number, license plate, and
medallion number affixed to the permitted vehicle(s).
(f) if the permit holder is an individual, the permit holder must appear in person in the
offices of MTS to file the statement; if the permit holder is a partnership, one of the partners must
appear in person in the offices of MTS to file the statement; if the permit holder is a corporation or LLC,
an officer of the corporation, or a member of the LLC, authorized to represent the company, must
appear in person in the offices of MTS to file the statement and provide evidence San Diego City
Council Policy 500-02 requirements are being met.
(Section 1.10 amended 5/12/2016)
(Section 1.10 amended 2/12/2015)
(Section 1.10 amended 8/7/2003)
(Section 1.10 amended 11/14/2002)
(Section 1.10 amended 6/24/1993)
Section 1.11 - Destruction, Permanent Replacement or Retirement of For -Hire Vehicles
(a) Whenever a for -hire vehicle is destroyed, rendered permanently inoperative, is sold, or
the permit holder is no longer the owner of the for -hire vehicle, the permit holder shall notify the Chief
Executive Officer in writing within forty-eight (48) hours.
(b) A replacement vehicle must be placed in service within ninety (90) days of the date the
original vehicle is removed from service unless prior written permission has been obtained from the
Chief Executive Officer. It is the intent of this section that the Chief Executive Officer, in granting such
permission, gives due consideration to the operating situation of the permit holder on a case -by -case
basis.
The following guidelines are to be used in granting permission for a permit holder to take
longer than ninety (90) days in placing a replacement vehicle in service.
(1) The permit holder must submit a written request for an extension of time, stating
the specific reason(s) additional time is required and identifying a plan and timetable for placing the
replacement vehicle in service. Written documents sufficient to substantiate the factual information
contained in the request should also be submitted.
(2) The plan and timetable submitted must reflect a reasonable approach for placing
the vehicle in service within the shortest possible time frame.
(3) An additional period of time, not to exceed sixty (60) calendar days, may be
granted to a permit holder in case of severe personal illness or other similar hardship.
(4) An additional period of time, not to exceed thirty (30) calendar days, may be
granted to a permit holder in case of extensive vehicle repairs or other similar reasons.
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(5) No extensions will be granted to any permit holder who is unable to meet the
basic operational costs, including liability insurance, regulatory fees, and normal maintenance and
repairs of operating a for -hire vehicle.
(6) No more than one (1) extension will be granted for each vehicle in a single twelve
(12) month period.
(c) The Chief Executive Officer shall, as a matter of owner right, allow the replacement of a
vehicle which is destroyed, rendered inoperative, sold or transferred, provided that the permit holder
has complied with, and the for -hire vehicle is in conformance with, all applicable provisions of this
Ordinance. An owner must remove the markings from the vehicle that indicate it is a taxicab or LSV
before the owner disposes of it.
(d) When a permit holder retires any for -hire vehicle or vehicles from service and does not
replace them within ninety (90) days, the permit for each such retired for -hire vehicle shall be
considered abandoned and will be void. The permit holder shall immediately surrender each related
medallion to the Chief Executive Officer. Such abandoned permits may not be restored by any means
other than through application for new permits in the manner provided in this Ordinance.
(Section 1.11 amended 10/13/2016)
(Section 1.11 amended 8/7/2003)
(Section 1.11 amended 11/14/2002)
(Section 1.11 amended 2/13/1997)
Section 1.12 - Driver's Identification Cards
(a) No person shall drive or operate any for -hire vehicle under the authority of a permit
granted under this Ordinance unless such person has and displays a valid driver's identification card
obtained annually through the Sheriff of the County of San Diego.
(b) No permit holder shall employ as a for -hire vehicle driver or operator any person who
has not obtained a for -hire vehicle driver's identification card through the Sheriff of the County of
San Diego.
(c) No permit holder shall employ as a driver or operator any person whose privilege to
operate a for -hire vehicle within the City has expired, or has been revoked, denied or suspended or
prohibited.
(d) A driver may drive for more than one permit holder. The driver must, however, have on
file with and accepted by the Sheriff of the County of San Diego, a separate application on forms
provided by the Sheriff, for each permit holder with whom he has a current driving agreement. A driver
may have on file with the Sheriff a maximum of four (4) such applications at any one time. It shall be
unlawful for a driver to accept or solicit passengers for hire in the City while operating the taxicab or
LSV of any permit holder for whom the driver does not have such an application on file with the Sheriff.
(e) No person shall drive or operate any for -hire vehicle, except nonemergency medical,
under the authority of a permit granted under this Ordinance unless such person has successfully
completed an MTS-approved driver training course concerning driver safety, rules, and regulations.
Map reading, crime prevention, courtesy and professionalism and a corresponding qualification
examination.
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(f) No person who has received a notice of prohibition pursuant to Section 1.14, or whose
privilege to operate a for -hire vehicle within the City has expired, or has been suspended, revoked or
denied by the Sheriff or the Chief Executive Officer shall drive or operate a for -hire vehicle within the
City.
(g) No for -hire vehicle driver's identification card shall be issued or renewed to any of the
following persons:
(1) Any person under the age of twenty-one (21) years.
(2) Any person who has been convicted of a felony involving a crime of force or
violence against any person, or the theft of property, unless five (5) years have elapsed since his or her
discharge from a penal institution or satisfactory completion of probation for such conviction during
which period of time his or her record is good.
(3) Any person who has been convicted of assault, battery, resisting arrest,
solicitation of prostitution, any infraction, misdemeanor, or felony involving force and violence, or any
crime reasonably and rationally related to the paratransit industry or any similar business operation
which bears upon the integrity or ability of the driver to operate a for -hire vehicle business and transport
passengers, unless five (5) years shall have elapsed from the date of discharge from a penal institution
or the satisfactory completion of probation for such conviction.
(4) Any person who, within the five (5) years immediately preceding the processing
of the application, has been convicted of or held by any final administrative determination to have been
in violation of any statute, ordinance, or regulation reasonably and rationally related to the for -hire
vehicle industry or any similar business operation which would have authorized the suspension or
revocation of the driver's identification card in accordance with Section 1.14 of this Ordinance.
(5) Any person who is required to register as a sex offender pursuant to the
California Penal Code.
(6) Any person who has provided false information of a material fact in their
application within the past five (5) years.
(7) No person shall obtain or renew a driver's identification card unless such person
has successfully completed a personal safety training course approved by the Chief Executive Officer.
(8) When a driver permanently no longer drives for an MTS Taxicab Administration
permit holder, the permit holder shall report this to the Sheriff's Department within 10 calendar days.
(h) The Sheriff is authorized to issue temporary for -hire vehicle driver identification cards
pending the approval or denial of an application for a regular for -hire vehicle driver identification card.
No temporary for -hire vehicle driver identification card shall be issued without the satisfactory
completion of a local law enforcement agency record check of the applicant. Any temporary
identification card so issued shall be valid for a period not to exceed ninety (90) days or until the date of
approval or denial of the application for a regular for -hire vehicle driver identification card, whichever
shall occur first. The issuance of a temporary identification card hereunder shall not authorize the
operation of a for -hire vehicle following the denial of the application while pending the resolution of any
appeal otherwise provided for in Section 1.16 of this Ordinance.
(1) The Sheriff or the Chief Executive Officer shall establish nonrefundable filing fees
to defray the costs of processing regular and temporary driver identification cards.
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(Section 1.12 amended 5/12/2016)
(Section 1.12 amended 11/15/2012)
(Section 1.12 amended 8/7/2003)
(Section 1.12 amended 11/14/2002)
(Section 1.12 amended 9/24/1998)
(Section 1.12 amended 10/30/1997)
(Section 1.12 amended 11/9/1995)
Section 1.13 - Suspension and Revocation of Permit
(a) Permits may be suspended or revoked by the Chief Executive Officer at any time in
case:
(1) The Chief Executive Officer finds the permit holder's past record to be
unsatisfactory with respect to satisfying the provisions of this Ordinance.
(2) The permit holder fails to comply with the applicable provisions of this Ordinance.
(3) The drivers of the for -hire vehicle or vehicles fail to act in accordance with those
provisions of this Ordinance which govern driver actions. The permit holder shall have strict liability in
this regard; however, this provision shall not restrict the Chief Executive Officer's ability to penalize a
driver for violations of those provisions of this Ordinance which govern driver actions.
(4) The owner shall cease to operate any for -hire vehicle for a period of ninety (90)
consecutive days without having obtained written permission for cessation of such operation from the
Chief Executive Officer. It is the intent of this section that the Chief Executive Officer, in granting such
permission, gives due consideration to the operating situation of the permit holder on a case -by -case
basis.
The following guidelines are to be used in granting permission for a permit holder
to cease operating a for -hire vehicle for a period longer than ninety (90) days.
(a) The permit holder must submit a written request for an extension of time,
stating the specific reason(s) additional time is required and identifying a plan and timetable for placing
the vehicle back in service. Written documents sufficient to substantiate the factual information
contained in the request should also be submitted.
(b) The plan and timetable submitted must reflect a reasonable approach for
placing the vehicle back in service within the shortest possible time frame.
(c) An additional period of time, not to exceed sixty (60) calendar days, may
be granted to a permit holder in case of severe personal illness or other similar hardship.
(d) An additional period of time, not to exceed thirty (30) calendar days, may
be granted to a permit holder in case of extensive vehicle repairs or other similar reasons.
(e) No extension will be granted to any permit holder who is unable to meet
the basic operational costs including liability insurance, regulatory fees, and normal maintenance and
repairs of operating a for -hire vehicle.
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(f) No more than one (1) extension in time will be granted for each vehicle
permit in a single twelve (12) month period.
(5) The for -hire vehicle or vehicles, if operated as other than a taxicab, are operated
at a rate of fare other than those fares on file with the Chief Executive Officer.
(6) The for -hire vehicle or vehicles, if operated as a taxicab or LSV, are operated at
a rate of fare greater than those fares on file with the Chief Executive Officer or posted on the taxicab or
LSV pursuant to Section 2.2 (b) of this Ordinance.
(7) The for -hire vehicle or vehicles, if operated as a taxicab or LSV, are operated at
a rate of fare greater than current maximum rate established by the Board pursuant to Section 2.2(a) of
this Ordinance.
(8) The permit holder fails to begin operating the for -hire vehicle for which the permit
is first approved within ninety (90) days after the approval date.
(9) The permit holder has been convicted of assault, battery, resisting arrest,
solicitation of prostitution, any infraction, misdemeanor, or felony involving force and violence, or any
crime reasonably and rationally related to the paratransit industry or any similar business operation
which bears upon the integrity or ability of the applicant or permit holder to operate a for -hire vehicle
business and transport passengers, unless five (5) years shall have elapsed from the date of discharge
from a penal institution or the satisfactory completion of probation for such conviction.
(10) The permit holder has been convicted of a crime that would require a person to
register as a sex offender under the California Penal Code. For purposes of this section, a plea or
verdict of guilty, a finding of guilt by a court, a plea of nolo contendere or a forfeiture of bail shall be
considered a conviction.
(a) A permit holder shall be notified in writing within 10 working days when a credible
complaint has been filed with the Chief Executive Officer by a member of the public where such
complaint involves the permit holder, the driver of the permitted for -hire vehicle, or the radio service to
which the permit holder is subscribed. It shall be the responsibility of the permit holder to investigate
the complaint and report in writing to the Chief Executive Officer within 30 days the result of the
investigation and any corrective action taken or proposed. Where the complainant has agreed to the
sharing of their identity, the results of the investigation, findings, and actions shall be communicated to
the complainant.
(b) In the event the Chief Executive Officer finds a permit holder has failed to responsibly
respond to notification of complaints or to initiate corrective action, the Chief Executive Officer shall
issue a notice of proposed adverse action to the permit holder. If the circumstances of the complaint or
subsequent investigation so warrant, the Chief Executive Officer may issue a notice of adverse action
to a driver independently of or in conjunction with any adverse action proposed to the permit holder.
The Chief Executive Officer shall refer to the Administrative Penalty Guidelines in determining a
proposed adverse action.
(c) The permit holder or driver in receipt of a notice of proposed adverse action shall be
given the opportunity to appear for an informal hearing before the Chief Executive Officer or his
designated representative. Failure to appear will constitute waiver of the hearing. Following the
hearing or waiver thereof, the Chief Executive Officer shall issue the notice of adverse action if justified
by the facts. If the Chief Executive Officer determines that the performance of the permit holder or
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driver involves criminal activity or constitutes a serious degradation of the public safety, convenience, or
necessity, a notice of adverse action may be issued and the action effected without hearing.
(d) Upon a finding by the Chief Executive Officer that a permit holder falls within the
provisions of this section, the permit holder or driver shall be notified that his or her permit has been
subjected to an adverse action and that the matter is such that the action may be appealed. In lieu of
an action provided for in the Administrative Penalty Guidelines, the Chief Executive Officer may impose
a fine or a fine and a period of suspension for any violation(s) of this Ordinance.
(Section 1.13 amended 10/13/2016)
(Section 1.13 amended 5/12/2016)
(Section 1.13 amended 8/7/2003)
(Section 1.13 amended 11/14/2002)
(Section 1.13 amended 6/24/1999)
Section 1.14 - Suspension and Revocation of Driver's Identification Cards
(a) Driver's identification cards may be suspended or revoked by the Chief Executive Officer
at any time in case:
(1) The Chief Executive Officer finds the driver's past record to be unsatisfactory with
respect to satisfying the provisions of this Ordinance; or
(2) The driver fails to comply with the applicable provisions of this Ordinance; or
(3) Circumstances furnish grounds for the denial, suspension, revocation or refusal
to renew the driver's identification card by the Sheriff under the terms of the applicable Ordinance of the
County of San Diego; or
(4) His/her California Driver's License is revoked or suspended; or
(5) The driver is convicted of reckless driving or driving while under the influence of
intoxicating liquors and/or narcotics; or
(6) The driver has been convicted of assault, battery, resisting arrest, solicitation of
prostitution, any crime involving force and violence, or reasonably and rationally is related to the ability
or integrity of the driver to operate a for -hire vehicle or transport passengers; or
(7) The driver has ever been convicted of a crime that requires registration under the
California Penal Code as a sex offender.
(b) For purposes of Subsections (a) (1) through (a) (6) of this section, a plea of nolo
contendere, or a forfeiture of bail shall be considered a conviction if it occurred within the five (5) years
immediately preceding the date of application for a permit or identification card.
(c) Notwithstanding a driver's possession of a valid taxicab or LSV driver identification card,
the Chief Executive Officer may deny, suspend, revoke, or refuse to renew the driver's privilege to
operate a for -hire vehicle in the City if the driver falls within the provisions of this section. The Chief
Executive Officer shall send a notice of prohibition the date postmarked to operate a taxicab or LSV to
any holder of a Sheriffs driver identification card who is ineligible under Subsection (a) to operate a for -
hire vehicle within the City limits. The notice of prohibition shall be appealable in accordance with
Section 1.16.
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(Section 1.14 amended 5/12/2016)
(Section 1.14 amended 8/7/2003)
(Section 1.14 amended 11/14/2002)
(Section 1.14 amended 6/24/1999)
Section 1.15 - Surrender of Medallion
(a) When a permit has been suspended or revoked, the operation of any for -hire vehicle
authorized by such permit shall cease, and its medallion surrendered immediately to the Chief
Executive Officer.
(Section 1.15 amended 11/14/2002)
Section 1.16 - Right of Administrative Appeal from Denial, Suspension or Revocation of Permit or
Driver's Identification Card or Related Adverse Action
(a) The permit holder or driver shall be notified that he or she may file with the Chief
Executive Officer a written administrative appeal ten (10) days after delivery of the notice of revocation
or suspension, or the denial of a license, permit, or driver's identification card, the notice of prohibition
to operate or the imposition of a fine. The permit holder or driver shall set forth in the appeal the
reasons why such action is not proper.
(b) If no administrative appeal is filed within the proper time, the permit or driver's
identification card shall be considered revoked, suspended or denied, and shall be surrendered, the
fine be imposed, as applicable, or the notice of prohibition to operate take effect.
(c) Except as provided in Subsection (d), once an administrative appeal is filed, the
revocation or suspension of the permit or driver's identification card, the effect of the notice of
prohibition to operate, or the imposition of the fine shall be stayed pending the final determination of the
administrative appeal.
(d) If, in the Chief Executive Officer's opinion, the continued operation of a for -hire vehicle or
possession of a driver's identification card represents an unsafe condition for any passenger or
pedestrian, the revocation or suspension of the related permit, driver's identification card, or the effect
of any notice of prohibition to operate shall not be stayed. A revocation or suspension of a permit
imposed for failure to comply with Section 1.8 (f) or Section 1.9 is rebuttably presumed to represent an
unsafe condition pending the determination of the appeal or the correction of the violation, whichever
shall occur first. Notwithstanding, no medallion shall be reaffixed to a vehicle until the violation under
Sections 1.8 (f) or 1.9 has been corrected.
(Section 1.16 amended 8/7/2003)
(Section 1.16 amended 11/14/2002)
Section 1.17 - Procedure Upon Administrative Appeal
(a) When an appeal is filed, the Chief Executive Officer shall review the appeal, and based
on additional information provided therein, may revise his findings and penalty; in accordance with the
additional information provided; or cause the appeal to be assigned to a Hearing Officer, who shall
expeditiously schedule the hearing before him/her.
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(1) The Chief Executive Officer shall use California Department of General Services,
Office of Administrative Hearings Administrative Law Judges as Hearing Officers. The assignment of
Administrative Law Judges as Hearing Officers shall be determined by the California Department of
General Services, Office of Administrative Hearings.
(2) The Hearing Officer shall be a member of the California State Bar and shall not
be an MTS employee.
(b) The appellant and the Chief Executive Officer or designate shall each have the right to
appear in person and be represented by legal counsel, to receive notice, to present evidence, to call
and cross-examine witnesses under oath, and to present argument.
(c) An appellant may select an individual to interpret for them. MTS will not pay any costs
or be held responsible for any aspect of the interpreter's ability to accurately interpret the hearing.
(1) The Hearing Officer shall have the power to compel attendance of witnesses and
documents by subpoena, in accordance with state law.
(2) The formal rules of evidence need not apply, and any relevant evidence that is
the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious
affairs shall be admissible. Hearsay evidence may be considered by the Hearing Officer, but no
findings may be based solely on hearsay evidence unless supported or corroborated by other relevant
and competent evidence. The formal exceptions to the hearsay rule shall apply.
(d) The Chief Executive Officer shall promulgate supplementary rules and procedures for
the conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of
the record.
(e) The decision of the Hearing Officer shall be the final administrative remedy and shall be
binding upon the parties to the appeal.
(f) If the Hearing Officer decides to suspend or revoke a permit or driver's identification
card, the appellant shall immediately surrender the medallion or driver's identification card to the Chief
Executive Officer.
(Section 1.17 amended 5/12/2016)
(Section 1.17 amended 11/15/2012)
Section 1.18 - Exceptions to Provisions
(a) The provisions of this Ordinance do not apply to a vehicle properly licensed under the
jurisdiction of the Public Utilities Commission of the State of California (CPUC), or to public transit
vehicles owned, operated, or contracted for by the Metropolitan Transit System Board or to a vehicle
properly licensed by the State or County as an ambulance.
(b) For compliance purposes, MTS inspectors may inspect all CPUC licensed vehicles,
ensure they are not exceeding the authority granted by their license or operating as unlicensed private -
hire transportation provider.
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(Section 1.18 amended 5/12/2016)
(Section 1.18 amended 11/15/2012)
(Section renumbered to 1.18 9/24/1998)
(Section 1.17 amended 1/12/1995)
(Section 1.17 amended 6/24/1993)
Section 1.19 - Chief Executive Officer's Authority to Adopt Rules and Promulgate a Schedule of Fines
(a) Except where Board action is specifically required in this Ordinance, the Chief Executive
Officer may adopt any rules and regulations reasonable and necessary to implement the provisions of
this Ordinance. The Chief Executive Officer shall promulgate a schedule of administrative fines and
penalties for violations of this Ordinance in lieu of the revocation or suspension of a permit or
identification card, a copy of which schedule shall be filed with the Clerk of the Board.
(Section renumbered to 1.19 9/24/1998)
Section 1.20 - Americans with Disabilities Act
(a) Permit holders, vehicles, and drivers are required to comply with the requirements of the
federal Americans with Disabilities Act (ADA), and ADA regulations are hereby incorporated into MTS
Ordinance No. 11 by reference. A violation of ADA requirements is a violation of this Ordinance and
subject to a fine or suspension or revocation or a combination.
(Section renumbered to 1.20 9/24/1998)
(Section 1.19(a) was added 4/10/1997)
SECTION 2.0 - TAXICABS AND/OR LSVs
Section 2.1 - Types of Service
(a) A taxicab or LSV is authorized to provide exclusive ride and group ride service.
(Section 2.0 and 2.1 amended 8/7/2003)
Section 2.2 - Rates of Fare
(a) After a notice and open public hearing of the Taxicab Advisory Committee, MTS shall
establish a maximum rate of fare for exclusive ride and group ride hire of taxicabs and/or LSVs except
for trips from San Diego International Airport. A permit holder may petition the Board for any desired
change in the maximum taxicab or LSV rates for exclusive ride and/or zone rates and group ride hire.
(b) Taxicab trips from San Diego International Airport shall be at a uniform rate of fare.
Rates for trips originating at the airport may include an extra charge equal to the Airport Trip Fee
assessed against the individual taxicab operator by the San Diego County Regional Airport Authority.
The extra may not be charged on any trip that does not originate at the airport or on any trip where the
taxicab operator does not pay the fee to the San Diego County Regional Airport Authority. The extra
charge may only be charged to the customer by utilizing the extra button on the taxicab meter. A driver
may not verbally request payment. All taxicabs utilizing the Airport Trip Fee extra button must have a
decal, approved by the Chief Executive Officer and the County of San Diego Office of Weights and
Measures. The decal shall identify and accurately describe the extra charge consistent with regulatory
requirements.
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(c) Each permit holder shall file with the Chief Executive Officer the rates of fare that he/she
will charge, which shall not exceed the maximum rate set by the Board pursuant to Section 2.2(a).
(1) Each taxicab permit holder shall have the taximeter set by properly licensed
personnel for the rate that he/she will charge and have the taximeter sealed and inspected.
(2) All taxicabs shall accept major credit cards including, but not limited to, VISA,
MasterCard, American Express, and Discover. Fees shall not be passed onto passengers.
(3) Each taxicab permit holder shall prominently post rates in dollars -per -mile
centered on the upper third part of both rear doors one (1) inch in height utilizing "Univers" or other
MTS pre -approved font in black or white lettering to produce maximum contrast adequately spaced for
maximum readability.
(4) No other information shall be posted on rear doors.
(d) If a taxicab permit holder desires to change his/her rates of fare, he/she shall file with the
Chief Executive Officer the new rates, reset the taximeter, have the taximeter sealed and inspected,
and post the revised rates on each side of the taxicab as provided in Subsection (c) of this section.
(e) It shall be unlawful for a permit holder or driver to operate any taxicab in the City, unless
the vehicle is equipped with a taximeter that meets the requirements of the State of California.
(1) The taximeter shall be of a style and design approved by the Chief Executive
Officer.
(2) The taximeter shall calculate fares upon the basis of a combination of mileage
traveled and time elapsed. When operative with respect to fare indication, the fare -indicating
mechanism shall be actuated by the mileage mechanism whenever the vehicle is in motion at such a
speed that the rate of mileage revenue equals or exceeds the time rate, and may be actuated by the
time mechanism whenever the vehicle speed is less than this, and when the vehicle is not in motion.
(3) Waiting time shall include all time when a taxicab occupied or engaged by a
passenger is not in motion or is traveling at a speed which is slow enough for the time rate to exceed
the mileage rate. Waiting time will also include the time consumed while standing at the direction of the
passenger or person who has engaged the taxicab.
(4) It shall be the duty of every permit holder operating a taxicab to keep the
taximeter in proper condition so that the taximeter will, at all times, correctly and accurately indicate the
charge for the distance traveled and waiting time. The taximeter shall be at all times subject to the
charge for the distance traveled and waiting time.
(5) The taximeter shall be at all times subject to inspection by an MTS inspector or
any peace officer. The MTS inspector or peace officer is hereby authorized at his or her instance or
upon complaint of any person to investigate or cause to be investigated the taximeter, and upon
discovery of any inaccuracy in the taximeter, or if the taximeter is unsealed, to remove or cause to be
removed the vehicle equipped with this taximeter from the streets of the City until the taximeter has
been correctly adjusted and sealed. Before being returned to service, the vehicle and taximeter must
be inspected and approved by the Chief Executive Officer.
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(6) Any device repairperson who places into service, repairs, or recalibrates a
taximeter shall record the tire size and pressure of the drive wheels of that vehicle, as tested, on the
repair person's sticker.
(7) It shall be the duty of the permit holder to ensure the proper device repair
person's sticker is affixed to the taximeter and to ensure the tires are the proper size.
(f) It shall be unlawful for any driver of a taxicab, while carrying exclusive or group ride
passengers, to display the flag or device attached to the taximeter in such a position as to denote that
the vehicle is for hire, or is not employed, or to have the flag or other attached device in such a position
as to prevent the taximeter from operating. It shall be unlawful for any driver to throw the flag into a
position which causes the taximeter to record when the vehicle is not actually employed, or to fail to
throw the flag or other device into non -recording position at the termination of each and every service.
(g) The taximeter shall be so placed in the taxicab that the reading dial showing the amount
of fare to be charged shall be well -lighted and easily readable by the passenger riding in such taxicab.
(h) It shall be unlawful for any permit holder and/or driver of a taxicab or LSV to demand of a
passenger a charge for hire which is greater than the current maximum rate approved by the Board
pursuant to Section 2.2 (a) or (b) of this Ordinance.
(i) Except as provided in this section, is shall be unlawful for any permit holder and/or driver
to demand of a passenger a charge for hire which is greater than the permit holder's meter rate filed
with the Chief Executive Officer pursuant to Sections 2.1 (a), 2.2 (b), or 2.2 (c) of this Ordinance.
(j) Nothing in this Ordinance shall preclude a permit holder or driver from agreeing with
prospective passenger(s) to a rate of fare which is less than the permit holder's filed and posted rates
of fare if the agreement is entered into in advance of the passenger(s), hiring the taxicab for the trip.
(Section 2.2 amended 5/12/2016)
(Section 2.2(c)(2)amended 11/15/2012)
(Section 2.2(b) amended 4/19/2012)
(Section 2.2 amended 8/7/2003)
(Section 2.2 amended 5/8/2003)
(Section 2.2 amended 11/14/2002)
(Section 2.2 amended 6/24/1999)
(Section 2.2 amended 9/24/1998; Section 2.2c operative May 1, 1999)
(Section 2.2 amended 10/30/1997)
(Section 2.2 amended 4/10/1997)
Section 2.3 - Equipment and Specifications
(a) No taxicab shall be operated until the taximeter thereon has been inspected, tested,
approved and sealed by an authorized representative of the State of California, and thereafter so
maintained in a manner satisfactory to the Chief Executive Officer.
(b) Each taxicab shall be equipped with a device which shall plainly indicate to a person
outside the taxicab whether the taximeter is in operation or is not in operation.
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(c) Exterior Markings
(1) The permit holder's trade name shall be painted or permanently affixed in letters
and numerals four (4) inches high all on one line on the upper third part of both front doors utilizing
"Univers" or other Chief Executive Officer pre -approved font in black or white lettering to produce
maximum contrast adequately spaced for maximum readability. In the event the trade name does not
fit on one line utilizing four (4) inch lettering, the trade name lettering must be as large as possible, up
to four (4) inches in height, to enable the trade name to fit on one line.
(2) The medallion number shall be painted or permanently affixed, on both front
doors, one (1) inch below the permit holder's trade name, six (6) inches high, utilizing "Univers" or other
Chief Executive Officer pre -approved font in black or white lettering to produce maximum contrast
adequately spaced for maximum readability.
(3) The permit holder's trade name and medallion number shall be painted or
permanently affixed on the rear of the taxicab, four (4) inches high, utilizing "Univers" or other Chief
Executive Officer pre -approved font in black or white lettering to produce maximum contrast adequately
spaced for maximum readability. In the event the rear of the vehicle does not have four inches of
vertical space for the trade name and medallion number, the rear lettering may be less than four
inches, provided that it is easily readable from a distance of 50 feet.
(4) No other information shall be permitted to be posted on front doors.
(5) Optional Exterior Vehicle Markings. The permit holder has the option of choosing
to post any combination of the below -listed five options on his or her taxicab which must be posted only
at the specific location and in the size noted and are subject to the Chief Executive Officer's approval.
a) Trade Name Logo. If the permit holder chooses to display his or her
trade name logo, the trade name logo shall be posted only on the rear portion of both side rear quarter
panels.
b) Radio Service Provider. If the permit holder chooses to display the radio
service provider name or logo, the radio service provider name or logo cannot utilize the words "cab" or
taxi." The radio service provider name or logo must be displayed only on the rear portion of both side
rear quarter panels.
c) Telephone Number. If permit holder chooses to display a telephone
number, the telephone number must be no more than three (3) inches in height and posted only on the
top front portion of both front side quarter panels.
d) "Driver Carries Only $ Change." If the permit holder chooses to
post "Driver Carries only $ Change," postings must be located only on rear quarter panels near
the rear door but clear of the rates of fare.
e) "Leased to Driver." If permit holder chooses to post "Leased to Driver," it
must be posted only on both side rear quarter panels near the rear door but clear of the rate of fares in
lettering no larger than 1 inch.
(6) Body Numbers. If the permit holder chooses to post an internally assigned body
number, different from the medallion number, the body number shall be posted in one (1) inch numerals
on the front and rear bumpers.
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(7) All other exterior vehicle markings are prohibited unless they are directly related
to the permit holder's business and pre -approved by the Chief Executive Officer.
(d) All taxicabs shall be equipped and operated so that they may be dispatched by two-way
radio or two-way electronic communication, monitored by a dispatcher, in response to a telephone or
other request for service by a prospective passenger. This requirement may not be met by use of a
mobile radio telephone service.
(1) Radio or electronic device must be turned on, and audible to driver, at all times
the taxicab is in service.
(2) Other electronic dispatch equipment, such as a cellular phone or tablet, shall be
securely mounted within the vehicle in such a way to be visible to peace officers
and MTS inspectors and allow for hands -free operation while the vehicle is in
motion.
(e) The radio dispatch capability described in paragraph (d) of this section must be provided
so as to conform to the regulations of the Federal Communications Commission (FCC) pertaining to
Land Transportation Radio Services. Failure to conform to those regulations will additionally constitute
a failure to meet the requirements of this section.
(1) The current valid FCC license shall be on file with MTS.
(2) Taxicab permit holder shall provide current proof the radio or electronic device
has passed inspection by an MTS-approved inspector.
(3) Taxicab radios shall have the capability to receive or transmit only on frequencies
specified in the FCC license of the radio service subscribed to by the permit holder.
(f) Each permit holder shall equip each permitted taxicab with a device capable of
electronically processing credit card transactions. The device must be visible to all passengers and
must allow the passenger to operate the payment device independently of the driver, without having to
hand the credit card to the driver. The device must be electronically linked to the taxicab fare meter.
(Section 2.3 amended 10/13/2016)
(Section 2.3 amended 5/12/2016)
(Section 2.3 amended 2/12/2015)
(Section 2.3 amended 11/15/2012)
(Section 2.3 amended 6/27/2002)
(Section 2.3 amended 9/24/1998; Section 2.3c operative May 1, 1999)
(Section 2.3 amended 6/27/1991; effective 7/27/1991)
(Section 2.3 amended 4/10/1997)
Section 2.4 - Operating Regulations
(a) Operating regulations shall be promulgated and adopted from time to time by resolution
of the Board. These resolutions will have the force of law and will be published and processed as
though set forth in this Ordinance.
(1) Smoking is not permitted at any time inside a MTS-permitted vehicle.
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(b) Any driver employed to transport passengers to a definite point shall take the most direct
route possible that will carry the passenger to his destination safely and expeditiously.
(c) It shall be unlawful for the driver or operator of any taxicab or LSV to refuse a
prospective or actual fare or to take any action to actively discourage a prospective or actual fare on the
basis of race, creed, color, age, sex, national origin, disability, or for any other reason, unless it shall be
readily apparent that the prospective or actual fare is a hazard to the driver or operator. Rude or
abusive language directed to a passenger(s) or any physical action that a reasonable person would
construe as threatening or intimidating shall be specifically defined as a violation of this section.
(1) A driver, however, is not obligated to transport any person who is verbally or
otherwise abusive to the driver. Such incidents shall also be noted on the trip log and notification shall
be immediately sent to the radio service organization, which shall record the incident and keep the
record for the minimum of 6 months.
(2) A failure of the driver of any taxicab or LSV to assist a passenger with the loading
or unloading of a reasonable size, number, and kind of passenger luggage or other items, when
requested to do so, shall be specifically defined as a violation of this section. A driver is not required to
lift any single piece of passenger luggage or other item that exceeds 25 pounds in weight. The
requirement for loading or unloading assistance shall be limited to retrieval from or deposit onto the
nearest curbside adjacent to the legally parked taxicab or LSV. A sign in the form of a transparent
decal may be affixed to the rear -door, side window stating that, "DRIVER IS NOT REQUIRED TO
LOAD LUGGAGE IN EXCESS OF 25 POUNDS PER ITEM OR OF A SIZE OR KIND THAT WILL NOT
SAFELY FIT IN THE DESIGNATED LUGGAGE AREA OF THIS VEHICLE."
(3) A driver with a lawful disability that prevents him/her from handling items as
defined in subsection (2) above is, upon submission of proof of such disability, relieved of responsibility
for the requirements of subsection (2). A driver so situated may affix a small sign either in the
passenger section of the vehicle to be clearly visible to a rear seat passenger or on the inside of the
trunk cover lid stating that, "DRIVER HAS DISABILITY THAT PREVENTS HANDLING OF LUGGAGE."
(d) It shall be unlawful for taxicab operators to refuse or discourage a prospective or actual
fare based upon trip length within the cities, or method of payment. Driver shall not refuse payment by
credit card.
(1) A vehicle designated as an LSV may refuse a prospective or actual fare if the trip
distance is outside allowed areas of operations.
(2) All LSV operators will carry a current list of MTS-approved radio services and
refer the prospective or actual fare to that list of radio service organizations. All referrals shall be noted
on the driver daily trip sheet.
(3) A failure to promptly dispatch (within the standards required by
Sections 2.6(a)(1), (2), and (3) of this Ordinance), or any action by a driver of any taxicab or LSV to
refuse or discourage a prospective or actual passenger who must transport foodstuffs or who must
meet a medical appointment, irrespective of trip length, shall be specifically defined as a violation of this
section so long as that prospective passenger has notified the dispatch service of this circumstance at
the time a request for taxi service was made.
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(e) No driver of any taxicab or LSV shall stop, park, or otherwise leave standing a taxicab or
LSV on the same side of the street in any block in which taxicabs or LSVs are already stopped, parked,
or otherwise standing except the taxicab or LSV may actively unload in a passenger loading zone or be
parked in a marked taxi/LSV stand.
(f) No driver shall stop, park or otherwise leave standing a taxicab or LSV within one -
hundred (100) feet of any other taxicab or LSV except in a marked taxi/LSV stand or while actively
loading or unloading passengers.
(g) No driver shall stop, park, or otherwise leave standing any MTS permitted vehicle within
fifteen (15) feet of any fire plug except as modified in Section 2.5 of this Ordinance.
(h) No driver shall stop, park or otherwise leave standing any MTS permitted vehicle in a
disabled parking zone except as authorized per California Vehicle Code section 22507.8.
(i) An out -of -service sign must be displayed when the taxicab or LSV is not available for
hire and is being operated or is lawfully parked for purposes of maintenance, inspection, or personal
use. The sign must be placed in a location in the vehicle that is clearly visible from the exterior of the
vehicle. The sign must be of durable material and written in block letters in black ink and easily
readable from a distance of not less than 10 feet.
(j) A taxicab driver may seek passengers by driving through any public street or place
without stops, other than those due to obstruction of traffic, and at such speed as not to interfere with or
impede traffic.
(k) It shall be unlawful, however, for the driver to seek passengers by stopping at or driving
slowly in the vicinity of an entertainment center or transportation center or any other location of public
gathering, in such a manner as to interfere with public access to or departure from that center or
location, or so as to interfere with or impede traffic.
(I) It shall also be unlawful for a taxicab or LSV driver, having parked and left his or her
taxicab or LSV, to solicit patronage among pedestrians on the sidewalk, or at any entertainment center,
transportation center, or other location of public gathering.
(m) No person shall solicit passengers for a taxicab or LSV other than the driver thereof;
however, the Chief Executive Officer may authorize a dispatcher to solicit passengers and assist in
loading passengers at such times and places as, in his or her discretion, public service and traffic
conditions require.
(n) It shall be unlawful for the driver or operator of any taxicab or LSV to remain standing in
any established taxicab or LSV stand or passenger loading zone, unless the driver or operator remains
within twelve (12) feet of his or her taxicab or LSV, except when the driver or operator is actually
engaged in assisting passengers to load or unload.
(o) Only paying passengers and persons specifically authorized by the Chief Executive
Officer may occupy a taxicab or LSV that is already occupied by a paying passenger. No driver, once a
paying passenger has occupied his taxicab or LSV, shall permit any other nonpaying passenger to
occupy or ride in the taxicab or LSV.
(p) It shall be unlawful to respond to a call for service dispatched to another operator except
when an LSV refers service to another operator because the trip distance is outside of the approved
area of jurisdiction.
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(q) The taxicab or LSV driver shall maintain a daily trip log which shall be available for
inspection upon request by any peace officer or MTS inspector. The trip log will accurately show the
driver's name, taxicab or LSV number, date, time, beginning odometer reading, starting and ending
locations, type of service provided, and fare paid for each trip provided.
(1) The daily trip log shall consist, at a minimum, of a five- by seven-inch paper form
retained on a stiff -board writing surface with ruled lines and columns sufficient to contain the required
information. All entries will be in black or dark blue ink, block letters, and be clearly legible. Colored
paper that is lightly shaded is allowed provided there is sufficient contrast for entries to be easily read.
Onboard electronically generated reports that meet the legibility requirements are acceptable.
(2) The driver shall deliver trip logs to the permit holder upon request or at a weekly
interval, whichever is less.
(r) All operating regulations set forth in Section 1.8 apply.
(s) The permit holder for any taxicab or LSV with a permit issued after July 1, 1991, shall
comply with the following:
(1) The color scheme of the vehicle will conform to that of the radio dispatch service
organization.
(2) Establish a business office in a location available to the public, and have staff on
duty during regular business hours.
(3) File with MTS, and charge a rate of fare common to the radio service
organization providing service required by this Ordinance.
(4) Maintain a current executed taxicab driver lease agreement for each current
driver that includes all aspects of the business relationship between the permit holder and the lessee,
and written receipts of all payments from lessee.
(Section 2.4 amended 10/13/2016)
(Section 2.4 amended 5/12/2016)
(Section 2.4 amended 2/12/2015)
(Section 2.4 amended 11/15/2012)
(Section 2.4 amended 8/7/2003)
(Section 2.4 amended 11/14/2002)
(Section 2.4 amended 6/24/1999)
(Section 2.4 amended 2/13/1997)
(Section 2.4 amended 6/27/1991; effective 7/27/1991)
Section 2.5 - Stands
(a) The Chief Executive Officer may establish, locate and designate shared use taxicab/LSV
stands for one or more taxicabs/LSVs, which stands when so established shall be appropriately
designated "Taxis/LSVs Only." The operating regulations of this Ordinance shall apply to such stands
and to taxicab/LSV stands established by the San Diego Unified Port District in areas under its
jurisdiction within the City.
(b) Each taxicab or LSV stand established hereunder may be in operation twenty-four (24)
hours of every day, unless otherwise specified by the Chief Executive Officer.
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(c) Any individual, partnership, association, or other organization may petition MTS
requesting that a new taxicab/LSV stand be established, or that the location of an existing taxicab/LSV
stand be changed to another location. A nonrefundable filing fee to be determined by the Chief
Executive Officer must be paid at the time the petition is submitted.
(d) It shall be unlawful for a vehicle other than a taxicab or LSV with a proper MTS taxicab
or LSV permit to occupy a taxi/LSV stand.
(e) LSVs may only occupy taxicab stands that are specially signed, designated their
approved use.
(Section 2.5 amended 11/15/2012)
(Section 2.5 amended 8/7/2003)
Section 2.6 - Radio Services
(a) In order to provide taxicab or LSV radio dispatch service required by Section 2.3(d, e),
the dispatch service organization adding or changing subscribers after July 1, 1991 shall establish and
conform to written policies and procedures concerning the following:
(1) Standard time elapse for answering the telephone service -request line(s).
(2) Standard time elapse for the taxicab's or LSV's arrival at requested pick-up
location.
(3) Passenger's request for a specific driver ("personals").
(4) Additional two-way communication devices (mobile or cellular phones) in
taxicabs or LSVs.
(5)
(6)
(7)
Lost and found for passengers' items.
Assignment of vehicle body numbers.
Immediately notify the permit holder of all lost items and inquiries.
Current written policies and procedures shall be available to subscribers from the radio
dispatch organization, and on file with MTS.
(b) Taxicab and/or LSV service organizations shall, 24 hours a day, have dispatch staff on
duty at the business location, which must be a preapproved physical address, answer telephone -
request line(s), properly dispatch those requests to all members, provide radio response to all licensed
radio frequencies/channels, and respond to direct requests from drivers, permit holders, and MTS as
well as law enforcement and local regulatory agencies. No more than two radio service organizations
may share the same office location. Two radio service organizations may utilize the same dispatcher
upon approval by MTS.
(c) Taxicab and or LSV radio dispatch services shall keep written records of all requests for
taxi and/or LSV service, calls dispatched, and the time(s) each taxicab and/or LSV goes in and out of
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service. These records shall be kept on file for a minimum of six months, and made available to MTS,
upon request.
(d) Taxicab and/or LSV radio dispatch services shall maintain a listing in the major business
telephone directory.
(e) No person, partnership, corporation, association, other organization providing radio or
other dispatch service shall dispatch a request for service to a driver, owner, or vehicle unless the
driver, owner, and vehicle are properly licensed to provide the service requested.
(f) The Chief Executive Officer may, at any time, revoke or suspend the taxicab or LSV
privileges of or fine any person, partnership, corporation, association, other organization providing radio
or other dispatch service that violates a provision of this ordinance.
(Section 2.6 amended 10/13/2016)
(Section 2.6 amended 11/15/2012)
(Section 2.6 amended 8/7/2003)
(Section 2.6 amended 9/24/1998)
(Section 2.6 added 6/27/1991; effective 7/27/1991)
Section 2.7 - Driver Safety Requirements
(a) No taxicab vehicle or LSV shall be operated unless such vehicle is equipped with an
emergency signaling device approved by the Chief Executive Officer.
(b) No taxicab vehicle may be operated with window tinting, shades, or markings that could
interfere with a clear view of the cab interior from the outside, unless equipped by the
vehicle manufacturer and approved by an MTS inspector.
(c) Taxicab/LSV radio services required by Section 2.3 shall at all times have a dispatch
staff person on duty who has successfully completed a driver safety training course approved by the
Chief Executive Officer.
(d) The use of a cellular phone or other similar electronic device by drivers is prohibited at
all times when the vehicle is in motion. Otherwise, California Vehicle Code rules apply.
(Section 2.7 amended 10/13/2016)
(Section 2.7 amended 5/12/2016)
(Section 2.7 amended 11/15/2012)
(Section 2.7 amended 8/7/2003)
(Section 2.7 added 9/24/1998)
SECTION 3.0 - CHARTER VEHICLES
Section 3.1 - Rates of Fare
(a) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive
Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of
fare being charged by said permit holder for charter services.
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(b) If a permit holder desires to change the rates of fare being charged for charter services
during any calendar year, he shall first file a document with the Chief Executive Officer indicating said
changes, and no change shall be effective until fourteen (14) days following the filing of said change.
(c) No permit holder shall charge any rate of fare for charter services unless said rates are
on file with the Chief Executive Officer as aforesaid, and duly displayed.
(d) The rates of fare shall be established by a prearranged written contract on a per -mile or
per -hour basis.
(Section 3.1 amended 4/10/1997)
Section 3.2 - Operating Regulations
(a) It shall be unlawful for any charter vehicle to remain standing on any public street in the
City, except such reasonable time necessary when enabling passengers to load or unload.
(b) It shall be unlawful for any person, either as owner, driver, or agent, to approach and
solicit patronage upon the streets, sidewalks, in any theater, hall, hotel, public resort, railway or airport,
or light rail transit station.
(c) The charter for -hire vehicle driver shall maintain a daily trip log which shall be available
for inspection upon request by any peace officer or MTS inspector. The trip log will accurately show the
driver's name and the medallion number on the vehicle. In addition, the trip log shall identify the
scheduling parties by name, date, and time of the prearranged hire.
(d) All other operating regulations defined in Section 1.8 apply.
(Section 3.2 amended 11/14/2002)
SECTION 4.0 - SIGHTSEEING VEHICLES
Section 4.1 - Rates of Fare
(a) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive
Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of
fare being charged by said permit holder of sightseeing vehicle services.
(b) If a permit holder desires to change the rates of fare being charged for sightseeing
services during any calendar year, he shall first file a document with the Chief Executive Officer
indicating said changes, and no change shall be effective until fourteen (14) days following the filing of
said changes.
(c) No permit holder shall charge any rate of fare for sightseeing services unless said rates
are on file with the Chief Executive Officer as aforesaid, and duly displayed.
(d) The rate of fare shall be established on a per capita or per event basis.
(Section 4.1 amended 4/10/1997)
-34-
Section 4.2 - Operating Regulations
(a) It shall be unlawful for any sightseeing vehicle to remain standing on any public street in
the City, except such reasonable time necessary when enabling passengers to load or unload.
(b) It shall be unlawful for any person, either as owner, driver, or agent, to approach and
solicit patronage upon the streets, sidewalks, in any theater, hall, hotel, public resort, railway or airport,
or light rail transit station.
(c) All other operating regulations defined in Section 1.8 apply, except Section 1.8 (v).
SECTION 5.0 - NONEMERGENCY MEDICAL VEHICLES
Section 5.1 - Rates of Fare
(a) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive
Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of
fare being charged by said permit holder for nonemergency medical vehicle services.
(b) If a permit holder desires to change the rates of fare being charged for nonemergency
medical vehicle services during any calendar year, he shall first file a document with the Chief
Executive Officer indicating said changes, and no change shall be effective until fourteen (14) days
following the filing of said change.
(c) No permit holder shall charge any rate of fare for nonemergency medical vehicle
services unless said rates are on file with the Chief Executive Officer as aforesaid, and duly displayed.
(d) The rate of fare for exclusive ride service shall be established on a per capita plus per
mile basis.
(e) The rates of fare for shared ride service shall be established on a per capita plus per
mile basis, or on a per capita plus per zone basis.
(Section 5.1 amended 4/10/1997)
Section 5.2 - Operating and Equipment Regulations
(a) It shall be unlawful for any nonemergency medical vehicle to remain standing on any
public street in the City, except when enabling passengers to load or unload.
(b) All other operating regulations defined in Section 1.8 apply.
(c) Special equipment on a nonemergency medical vehicle shall, at all times the vehicle is in
operation, be in proper working order. Such vehicles equipped with wheelchair ramps or lifts shall have
proper device(s) to secure each wheelchair on board.
(d) The permit holder is responsible for ensuring that the driver of a nonemergency medical
vehicle is properly trained:
(1) in the use of any of the vehicle's special equipment;
-35-
(2) concerning supervision of or assistance to the disabled passengers whom the driver is to
transport.
(Section 5.2 amended 6/22/1995)
(Section 5.2 amended 6/24/1993)
Section 5.3 - Driver Identification Cards
In addition to the requirements set forth in Section 1.12, nonemergency medical vehicle drivers shall
acquire and maintain valid proof of proper first -aid and CPR training.
(Section 5.3 added 6/24/1993)
SECTION 6.0 - JITNEY VEHICLES
Section 6.1 - Rates of Fare
(a) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive
Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of
fare being charged by said permit holder for jitney services.
(b) If a permit holder desires to change the rates of fare being charged for jitney services
during any calendar year, he shall first file a document with the Chief Executive Officer indicating said
changes, and no change shall be effective until fourteen (14) days following the filing of said change.
(c) No permit holder shall charge any rate of fare for jitney services unless said rates are on
file with the General Manage as aforesaid, and duly displayed.
(d) The rates of fare shall be established on a per capita basis.
(Section 6.1 amended 4/10/1997)
Section 6.2 - Jitney Routes
(a) A permit holder who wishes to provide a fixed route service shall apply to the Chief
Executive Officer for authorization to serve a defined route with a specific vehicle. No for -hire vehicle
may be operated as a jitney until it has met all other requirements of this Ordinance and has been
approved for service on a specific fixed route. A jitney may be authorized to serve more than one
route; however, a jitney may provide fixed route service on only those routes which the Chief Executive
Officer has approved in writing for that vehicle.
(b) The application for a fixed route shall be in writing and shall contain the following
information:
(1) A description of the vehicle(s) which will be utilizing the route;
(2) A detailed written description of the route, to include starting location, ending
location, and the street name and direction of travel for all streets to be used in the route;
(3) A map in sufficient detail to clearly indicate the proposed route;
-36-
(4) The fare to be charged; and
(5)
discretion, require.
Such other information as the Chief Executive Officer may, in his or her
(c) Upon approval of a fixed route by the Chief Executive Officer, the permit holder shall
display a representation of the route, the fare, and the permit holder's trade name on each side of the
vehicle in letters large enough to be easily read by potential customers in accordance with the
standards established by the Chief Executive Officer under Section 6.5 of this Ordinance. Only one (1)
route may be displayed on a vehicle at any time.
(d) If a permit holder wishes to alter his or her approved fixed route(s), he or she must apply
in writing to the Chief Executive Officer, submitting the information required in Section 6.2 (b).
(e) The Chief Executive Officer may, in his or her discretion, place conditions on the
approval of fixed routes.
(f) The Chief Executive Officer may change a route that has been approved previously
when the Chief Executive Officer finds it necessary to do so. A change of route may be necessary
when a street has been closed temporarily or permanently because of construction, or the direction of a
street has been changed, or a street has been vacated, or for similar reasons as determined by the
Chief Executive Officer. The Chief Executive Officer shall notify in writing any permit holder whose
route has been changed. The Chief Executive Officer's change of a route is subject to appeal under
Section 1.16 of this Ordinance.
(g) Except as provided for within this subsection, an approved fixed route may not be
transferred to another vehicle or permit holder. A permit holder may receive approval for a vehicle that
is replacing a jitney already in service to use the approved fixed routes of the replaced vehicle.
(Section 6.2 amended 11/14/2002)
Section 6.3 — Operating Regulations
(a) It is unlawful for any jitney to remain standing on any public street in the City, except
when enabling passengers to load or unload, or except when standing in a jitney holding zone for the
time period established by MTS.
(b) It is unlawful for any person including, but not limited to, a jitney owner, driver, or agent
thereof, to approach and solicit patronage upon the streets, sidewalks, in any theater, hall, hotel, public
resort, railway, airport, or light rail transit station.
(c) A peace officer or MTS inspector may authorize a dispatcher to solicit passengers and
assist with loading passengers at such times and places as, in his/her discretion, public service and
traffic conditions require.
(d) Except when a driver or operator is actually engaged in assisting passengers to load or
unload, a jitney driver or operator must remain within twelve (12) feet of his/her jitney while the jitney is
in service.
(e) It is unlawful for a jitney vehicle to operate a fixed route service on other than that route
designated by the Chief Executive Officer.
-37-
(f) It shall be unlawful for a jitney driver to load or unload passengers in any place other
than an authorized jitney stop, bus stop, or passenger loading zone.
(g) All other operating regulations defined in Section 1.8 apply.
(Section 6.3 amended 11/14/2002)
Section 6.4 - Jitney Holding Zones
(a) The Chief Executive Officer may, by resolution, locate and designate holding zones for
one (1) or more jitneys, which holding zones when so established, shall be designated by appropriate
signs. The operating regulations of Section 6.3 shall apply to any holding zones so established, and to
holding zones established by the San Diego Unified Port District in areas under its jurisdiction. The
Chief Executive Officer may, by his or her discretion, establish the maximum number of jitneys
permitted to remain standing at one time in a holding zone.
(b) Each holding zone established hereunder shall be in operation twenty-four (24) hours of
every day, unless otherwise specified by the Chief Executive Officer. The Chief Executive Officer shall
adopt written standards to determine whether to allow holding zones to be in operation fewer than
twenty-four (24) hours every day. If a holding zone is to be in operation fewer than twenty-four (24)
hours every day, the Chief Executive Officer shall cause signs to be posted at or near the holding zone
indicating the hours and days of operation.
(c) The Chief Executive Officer may, on his or her own motion, establish holding zones.
(d) Any individual, partnership, corporation, association or other organization may petition
MTS requesting that a new holding zone be established. The petition must be filed in writing with the
Chief Executive Officer or his/her designee. The petition must state the reason for the request and the
proposed location(s). The Board may approve, deny, or modify the request.
(e) Whether initiated by the Chief Executive Officer under Subsection (c) of this section or
by persons described in Subsection (d) of this section, before any holding zone is established, the
proposed location of any holding zone must be reviewed by the Traffic Engineer of the City. The
Traffic Engineer shall report his/her recommendations to approve, deny, or modify the proposed
location in writing to the Chief Executive Officer. The Traffic Engineer's report shall include a statement
of reasons supporting the recommendation to the Chief Executive Officer.
(f) The Chief Executive Officer shall, by resolution, establish a maximum time limit for
individual jitneys to remain standing in any holding zone. The time limit shall apply uniformly to all
holding zones.
(g) It shall be unlawful for a vehicle other than a jitney with a proper MTS jitney permit to
occupy a jitney holding zone.
(Section 6.4 amended 11/15/2012)
Section 6.5 - Equipment and Specifications
(a) Each jitney shall bear on the outside, signs clearly designating the route which it serves.
The specifications of the sign are subject to the approval of the Chief Executive Officer. The Chief
-38-
Executive Officer shall adopt written standards for approval or denial of the size of the signs, the
location of the signs on the vehicle, the size of the lettering or graphics on the signs, and other
specifications that the Chief Executive Officer finds necessary.
(b) All jitney vehicles must bear a trade name and shall be assigned a body number by the
permit holder. The trade name and body number so assigned shall be placed on the vehicle in
accordance with written standards adopted by the Chief Executive Officer.
Any violation of this Ordinance shall constitute an infraction unless otherwise specified.
SECTION 7.0 — LOW -SPEED VEHICLES
Section 7.1 — Low -Speed Vehicle (LSV) Definition
Low -Speed Vehicles (LSV) shall mean every vehicle that is designated per the requirements of
Ordinance No. 11, Section 1.1(c). LSVs may operate by zones and/or a prearranged basis as set forth
in Section 1.1 (d) (1)-(5).
(Section 7.0 and 7.1 added 8/7/2003)
Section 7.2 — Establishment of Zones
The Chief Executive Officer shall establish and authorize the use of zones of operation.
(Section 7.2 added 8/7/2003)
Section 7.3 — Zone Rates of Fare
(a) All vehicles permitted as LSV may use two methods of seeking compensation, either by
zone rates or on a prearranged basis. Either method may be used when working inside of an approved
zone. However, when operating on a prearranged charter basis, within an approved zone, no operator
may exceed the maximum number of vehicles that are permitted.
(b) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive
Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of
fare being charged by said permit holder for LSV services.
(c) When a permit holder desires to change the rates of fare being charged for LSV services
during any calendar year, he shall first file a document with the Chief Executive Officer indicating said
changes, and no change shall be effective until fourteen (14) days following the filing of said change.
(d) No permit holder shall charge any rate of fare for LSV services unless said rates are on
file with the Chief Executive Officer as aforesaid, and duly displayed.
(e) The rates of fare shall be established by a zone and/or prearranged written contract on a
per -mile or per -hour basis.
(f) The maximum rates of fare shall be established pursuant to Section 2.2.
(Section 7.3 amended 10/13/2016)
(Section 7.3 added 8/7/2003)
-39-
Section 7.4 — Spare Vehicle Policy
(a) The following sets out procedures for LSV permit holders to place a spare vehicle into
service as either a temporary replacement for a permitted vehicle that is out of service for recharging or
mechanical problems.
(1) Spare LSVs must be marked with the approved company markings.
(2) In place of the medallion number, the spare LSV must be marked "Spare LSV."
Where more than one spare LSV is being requested, under the provisions of paragraph 9, the LSVs will
be marked "Spare LSV 1," "Spare LSV 2," and so on. The "Spare LSV" marking should be sized to fit in
approximately the same space as the medallion number would otherwise be placed with legibility and
visibility being the primary criteria.
(3) Spare LSVs must be inspected upon initial issuance and annually thereafter.
(4) All spare LSVs must meet all MTS insurance requirements.
(5) To use a spare LSV that meets the requirements of 1 through 4 above, the
permit holder must communicate in writing (facsimile is acceptable), a request to place a spare LSV
into service.
The request must state:
(a) the medallion number of the LSV being taken out of service, the reason
for being out of service, and the location of the out -of -service LSV; and
(b) the estimated time the spare LSV will be in use.
(6) When the out -of -service LSV is ready to re-enter service, the permit holder must
immediately notify MTS in writing (facsimile is acceptable).
(7)
into service.
The out -of -service LSV may not be required to be reinspected to be placed back
(8) The spare LSV must be removed from service at the time the LSV it has been
replacing is placed back into service.
(9) Under normal circumstances, a permit holder may utilize spare LSVs. Permit
holders may utilize spare LSVs in a ratio of 3:1 permits held.
(10) Spare LSVs that are placed in service may only operate inside of the MTS-
approved zone or zones. A permit holder shall not operate more spare vehicles than he/she has
regular permitted vehicles.
(11) A permit holder found to have operated a spare LSV in deliberate violation of
these procedures will be subject to immediate suspension/revocation of the permit and the loss of the
spare LSV utilization privilege.
-40-
(Section 7.4 amended 10/13/2016)
(Section 7.4 amended 10/16/2003)
(Section 7.4 added 8/7/2003)
Section 7.5 — LSV Driver Identification Cards
(a) Refer to Section 1.12 of this Ordinance to reference driver and permit holder ID
requirements.
(Section 7.5 added 8/7/2003)
Section 7.6 - Equipment and Specifications
(a) Each LSV shall be equipped with a device which shall plainly indicate to a person
outside the LSV whether the LSV is in operation or is not.
(b) Exterior Markings
(1) The permit holder's trade name shall be painted or permanently affixed in letters
and numerals 2-1/2 inches high all on one line on the upper third part of both the front and rear of the
vehicle utilizing "Univers" or other Chief Executive Officer preapproved font in black or white lettering to
produce maximum contrast adequately spaced for maximum readability. In the event the trade name
does not fit on one line utilizing 2-1/2 inch lettering, the trade name lettering must be as large as
possible, up to 2-1/2 inches in height, to enable the trade name to fit on one line.
(2) The medallion number shall be painted or permanently affixed, on both the front
and rear of the vehicle, one (1) inch below the permit holder's trade name, two (2) inches high, utilizing
"Univers" or other Chief Executive Officer pre -approved font in black or white lettering to produce
maximum contrast adequately spaced for maximum readability.
(3) Optional Exterior Vehicle Markings. The permit holder has the option of choosing
to post any combination of the below -listed five options on his or her LSV which must be posted only at
the specific location and in the size noted and are subject to the Chief Executive Officer's approval.
a) Trade Name Logo. If the permit holder chooses to display his or her
trade name logo, the trade name logo shall be posted only on the rear portion of both side rear quarter
panels.
b) Radio Service Provider. If the permit holder chooses to display the radio
service provider name or logo, the radio service provider name or logo cannot utilize the words "cab" or
taxi." The radio service provider name or logo must be displayed only on the rear portion of both side
rear quarter panels.
c) Telephone Number. If permit holder chooses to display a telephone
number, the telephone number must be no more than two (2) inches in height and posted only on the
top front portion of both front side quarter panels.
d) "Driver Carries Only $ Change." If the permit holder chooses to
post "Driver Carries only $ Change," postings must be located only on panels near the rear door
but clear of the rates of fare.
-41-
e) "Leased to Driver." If permit holder chooses to post "Leased to Driver," it
must be posted only on both rear quarter panels near the rear door area but clear of the rate of fares in
lettering no larger than 1 inch.
(4) All other exterior vehicle markings are prohibited unless they are directly related
to the permit holder's business and pre -approved by the Chief Executive Officer.
(c) All LSVs shall be equipped and operated so that they may be dispatched by two-way
radio communication in response to a telephone or other request for service by a prospective
passenger. This requirement may not be met by use of a mobile radio telephone service.
(1) Radio must be turned on, and audible to driver, at all times the LSV is in service.
(d) The radio dispatch capability described in paragraph (d) of this section must be provided
so as to conform to the regulations of the FCC pertaining to Land Transportation Radio Services.
Failure to conform to those regulations will additionally constitute a failure to meet the requirements of
this section.
(1) The current valid FCC license shall be on file with MTS.
(2) LSV permit holder shall provide current proof the radio has passed inspection by
an MTS-approved inspector.
(3) LSV radios shall have the capability to receive or transmit only on frequencies
specified in the FCC license of the radio service subscribed to by the permit holder.
(e) Radio scanners are not allowed in LSVs.
(Section 7.6 amended 10/4/2016)
(Section 7.6 added 8/7/2003)
SECTION 8 - EFFECTIVE DATE OF ORDINANCE
This Ordinance shall be effective 30 days after adoption, and before the expiration of 15 days
after its passage, this Ordinance shall be published once with the names of the members voting for and
against the same in a newspaper of general circulation published in the County of San Diego.
Amended: 10/13/2016
Amended: 5/12/2016
Amended: 9/17/2015
Amended: 2/12/2015
Amended: 11/15/2012
Amended: 4/19/2012
Amended: 10/16/2003
Amended: 8/7/2003
Amended: 5/8/2003
Amended: 11/14/2002
Amended: 6/27/2002
Amended: 5/23/2002
Amended: 6/24/1999
Amended: 9/24/1998
Amended: 10/30/1997
Amended: 4/10/1997
-42-
Amended: 2/13/1997
Amended: 11/9/1995
Amended: 6/22/1995
Amended: 1/12/1995
Amended: 6/24/1993
Amended: 6/27/1991
Amended: 5/23/1991
Amended: 10/11/1990
Repealed & Readopted: 8/9/1990
Amended: 4/12/1990
Amended: 4/27/1989
Adopted: 8/11/1988
-43-
PASSED, APPROVED AND ADOPTED THIS 13th day of October 2016.
Chairman
San Diego Metropolitan Transit System
This Ordinance amendment was adopted by the following vote:
AYES: brose,5ra I Cafe, Ate., l��oria.,Jones , MA+hi5, MONKr-i-el�',
n-4-0 R � oS,1 obe.r-1-s, Sai ok.S W o i w ode, Z,a
NAYES:
ABSENT:Cunnin9\101m
ABSTAINING:
ATTEST my hand and the seal of the San Diego Metropolitan Transit System this 13th day of
October 2016.
C erk f the Board
Sa iego Metropolitan Transit System
Approved as to form:
02(4
eneral Counsel
San Diego Metropolitan Transit System
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101-7490
619.231.1466, FAX: 619.234.3407
=�T
1111111\\�\ Metropolitan Transit System
h._
Memorandum
DATE: April 24, 2017
TO: Michael R. Dalla, City Clerk, City of National City
FROM: Leonardo Fewell, Interim Taxicab Administration Manager
SUBJECT: ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS
Dear Mr. Dalla,
The Metropolitan Transit System (MTS) and the City of National City have entered into a contractual
agreement for the administration and enforcement of taxicab and other for hire vehicles policies and
regulations, as prescribed in MTS Ordinance No. 11 (enclosed).
For any inquiries, please provide the below listed information to all interested parties:
MTS Taxicab Administration
1501 National Ave, Suite 100
San Diego CA, 92113
619-595-3086 * FAX 619-814-1502
Additional information can be found on the Metropolitan Transit System website: www.sdmts.com
Click on: "ABOUT MTS", "TAXI ADMINISTRATION"
The San Diego Sheriff's Department License and Registration Division is responsible for the licensing
of drivers of taxicabs and all for -hire vehicles permitted by MTS. The Sheriff's Dept. Licensing and
Registration Division information is listed below:
SD Sheriff's Licensing and Registration Division
9621 Ridgehaven Ct.
San Diego, CA
858-974-2020
Should you require additional information regarding this matter, please do not hesitate to contact me at
619-235-2643.
Leonardo Fewell, Interim Taxicab Administration Manager.
eeoe
Metropolitan Transit System (MTS) is a California public agency and is comprised of San Diego Transit Corporation and San Diego Trolley, Inc. nonprofit public benefit corporations,
in cooperation with Chula Vista Transit and National City Transit. MTS is the taxicab administrator for eight cities and the owner of the San Diego and Arizona Eastern Railway Company.
MTS member agencies include: City of Chula Vista, City of Coronado, City of El Cajon, City of Imperial Beach, City of La Mesa, City of Lemon Grove, City of National City, City of Poway,
City of San Diego, City of Santee, and the County of San Diego.
Mike Dalla
From: Leonardo Fewell <Leonardo.Fewell@sdmts.com>
Sent: Monday, April 24, 2017 3:50 PM
To: Mike Dalla
Cc: Sharon Cooney; 'Rains, Edna' (Edna.Rains@sdsheriff.org); Mark Roberts
Subject: MTS/National City contractual agreement
Attachments: City of National City Memo.doc; ordinance_no._11_Oct-2016.pdf
Dear Mr. Dalla,
Per our telephone conversation, attached is a memorandum containing the contact information for MTS Taxicab
Administration and San Diego Sheriffs Department Licensing and Registration Division. I am also attaching a digital copy
of MTS Ordinance No. 11 for your records. The Sheriffs Department Licensing Division is requesting to meet with a
representative of National City to provide an overview of our agencies functions as it pertains to Business Licenses and
other aspects of this contract.
Your assistance in the arrangement of this meeting is deeply appreciated. Please contact me if you have any questions
or concerns.
Respectfully,
Leonardo Fewell
Interim Manager
Metropolitan Transit System
Taxicab Administration
ICC Phone: (619) 235-2643/ Cell. (619) 933-8690
-, Fax: (619) 595-9083
leonardo.fewell a( ,,sdmts.com
i
RESOLUTION NO: 2017 — 30
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO LICENSE AND
REGULATE FOR -HIRE VEHICLES OPERATING IN THE CITY OF
NATIONAL CITY AT NO COST TO THE CITY
WHEREAS, the City of National City desires to enter into an Agreement with the
Metropolitan Transit System (MTS) to administer and enforce its taxicab and other for -hire
vehicles policies and regulations in effect as of March 21, 2017, and as thereafter from time to
time amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and
transportation services rendered wholly within National City's city limits during the period of
March 21, 2017 through June 30, 2019, pursuant to Public Utilities Code Section 120266, and in
accordance with MTS Ordinance No. 11, "An Ordinance Providing for the Licensing and
Regulating of Transportation Services Within the City"; and
WHEREAS, there is no direct cost to the City associated with the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute an Agreement with San Diego Metropolitan Transit System to administer
and enforce National City's taxicab and other for -hire vehicles policies and regulations in effect
as of March 21, 2017, and as thereafter from time to time amended by MTS, and thereby
regulate such taxicab and other for -hire vehicles and transportation services rendered wholly
within National City's city limits during the period of March 21, 2017 through June 30, 2019,
pursuant to Public Utilities Code Section 120266, and in accordance with MTS Ordinance No.
11, "An Ordinance Providing for the Licensing and Regulating of Transportation Services Within
the City" Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 21st day of March,
on Morrison, Mayor
ATTEST:
Mich el R. Dalla City
y Jerk
APPROVED AS TO FORM:
George H. Eiser, III
Interim City Attorney
Passed and adopted by the Council of the City of National City, California, on March 21,
2017 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
2% p
/o
City Jerk of the City o National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2017-30 of the City of National City, California, passed and adopted
by the Council of said City on March 21, 2017.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 21, 2017 AGENDA ITEM NO. 16
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement
with San Diego Metropolitan Transit System to license and regulate for -hire vehicles operating in the City
of National City at no cost to the City.
PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance��
PHONE: 619-336-4265 APPROVED BY: Liw/�r.0
EXPLANATION:
At its regular meeting on October 18, 2016, the City Council directed staff to negotiate an agreement with
San Diego Metropolitan Transit System ("MTS") to license and regulate for -hire vehicles operating in the
City of National City. With this agenda item, staff requests approval of the agreement and authorization
for the Mayor to execute the agreement.
There is no direct cost to the City associated with execution of the agreement. However, a negative
impact of $390, the current annual business tax revenue received from taxi operators, may be incurred, if
for -hire vehicle operators do not comply with the City's business tax license requirement.
In conjunction with this action, staff will request the San Diego County Sheriff's Department to perform
National City business tax license checks of operators applying for MTS for -hire vehicle permits.
FINANCIAL STATEMENT:
ACCOUNT NO.
No direct cost associated with execution of the agreement.
Maximum revenue loss of $390 (permit revenue).
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: `—f/L�
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the resolution, authorizing the Mayor to execute the agreement with San Diego Metropolitan Transit System.
BOARD / COMMISSION RECOMMENDATION:
NA
ATTACHMENTS:
1. MTS agreement
2. October 18, 2016 staff report
3. Resolution
F,iso‘,\)A\oW v•o -30
AGREEMENT FOR
ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS
BETWEEN
SAN DIEGO METROPOLITAN TRANSIT SYSTEM
AND
CITY OF NATIONAL CITY
THIS AGREEMENT is entered into by and between the City of National City, a municipal
corporation, 1243 National City Boulevard, National City, CA (herein called "CITY"), and the San
Diego Metropolitan Transit System, a public agency, 1255 Imperial Avenue, Suite 1000, San
Diego, CA (herein called "MTS"), in view of the following recitals, which are a substantive part of
this Agreement:
RECITALS
A. MTS is authorized under Section 120266, Chapter 2, Division 11 of the California
Public Utilities Code (PUC), to enter into contracts to regulate transportation services
within a city in its area of jurisdiction;
B. CITY is within MTS's jurisdiction created January 1, 1976, under Section 120050, et
seq., Chapter 2, Division 11 of the PUC;
C. CITY regulated taxicab and other for -hire vehicles in accordance with the National
City Municipal Code, Chapter 11.70; and
D. CITY desires that MTS regulate taxicabs and other for -hire vehicles and services
such as charter vehicles, sight-seeing vehicles, nonemergency medical vehicles, and
jitney vehicles pursuant to PUC Section 120266 and in accordance with MTS
Ordinance No. 11, "An Ordinance Providing for the Licensing and Regulating of
Transportation Services Within the City"
NOW THEREFORE, in consideration of the mutual covenants and conditions contained
in this Agreement, CITY and MTS agree as follows:
1. MTS will administer and enforce its taxicab and other for -hire vehicles Ordinance
policies and regulations as in effect on March 21, 2017, and as thereafter from time to time
amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and
transportation services rendered wholly within the CITY's corporate limits during the period of
March 21, 2017 through June 30, 2019, pursuant to PUC Section 120266.
2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now
or hereafter provided by the MTS Taxicab and Other For -Hire Vehicles Ordinance No. 11
policies, and regulations.
3. The CITY Manager and MTS Chief Executive Officer may supplement this
agreement by executing a Memorandum of Understanding relative to administrative and
operating procedures of taxicab and other for -hire vehicles regulation and to provide for
reimbursable staff and legal support services.
4. This Agreement shall be effective upon execution by the City and MTS and shall
continue until written notice of termination. This Agreement may be terminated at any time by
either party upon 180 days' written notice to the other party.
IN WITNESS THEREOF, this Agreement is executed by the CITY acting by and through
its Mayor pursuant to Council Resolution No. 2017- , and by MTS acting through its Chief
Executive Officer.
Dated this 21St day of March, 2017.
CITY OF NATIONAL CITY SAN DIEGO METROPOLITAN TRANSIT
SYSTEM
Ron Morrison
Mayor
Paul C. Jablonski
Chief Executive Officer
WE HEREBY APPROVE the form of the foregoing Agreement.
George H. Eiser III Office of the General Counsel
Interim City Attorney
Date: Date:
Attest:
Michael R. Dalla, City Clerk
-2-
NATIO A.
` ` 1a'fSQ
City Council Staff Report
October 18, 2016
ITEM
Staff report seeking City Council direction regarding administration of the City of National
City's taxicab and other for -hire paratransit vehicle program.
PURPOSE
The purpose of this report is to seek the City Council's direction regarding the licensing and
regulation of taxicabs and other for -hire paratransit vehicles (collectively referred to as "for -hire
vehicles" through the remainder of this staff report) operating within National City, including
authorizing negotiation of the transfer of the administration of the for -hire vehicle program to the
San Diego Metropolitan Transit System, negotiation of an agreement with the San Diego County
Sheriff's Department to perform checks to ensure operators seeking MTS permits hold National
City business licenses, and preparation of amendments and/or repeals of the relevant sections of
the National City Municipal Code.
At the December 10, 2013 City Council meeting, the City Attorney and Director of
Administrative Services delivered a staff report regarding the status of the for -hire vehicle
program and the City's options with respect to the future administration of the program. A copy
of the report is included with this agenda item for your reference, and information from said
report pertinent to this discussion and subsequent recommendations is referenced in this report.
BACKGROUND
Prior to July 1991, the licensing and regulation of for -hire vehicles operating within National
City was performed by the National City Police Department. From July 1991 through December
2004, the Metropolitan Transit Development Board ("MTDB") licensed and regulated the
operation of for -hire vehicles in the City, pursuant to an agreement between the City and MTDB.
In January 2005, the responsibility was returned to the City. The City Council elected not to
extend the term of its agreement with MTDB, by approval of Resolution 2004-233 on December
21, 2004, in part, due to MTDB's limitation on the number of taxicab operation permits it could
issue in National City. On the same date, via Resolution 2004-232, the City Council authorized
the issuance of permits to allow the three companies permitted to operate sixty-five taxis within
the City of National City under the expiring agreement with MTDB to continue to operate the
same numbers of taxis upon submission of permit applications and payment of annual permit
3
Page 2
Staff report seeking City Council direction regarding administration of the City of National
City's taxicab and other for -hire paratransit vehicle program
October 18, 2016
fees. Shortly thereafter (date unknown), the City Council authorized a total of twenty additional
permits for two companies, increasing the number of permits available to eighty-five (for five
companies), although the total issued peaked at seventy-five.
In anticipation of the termination of the MTDB agreement, the City Council adopted Ordinance
No. 2004-2256, enacting Municipal Code Chapter 11.70 providing for the licensing and
regulation of transportation services within the City. On that same date, the Council approved
Resolution 2004-230, approving the implementation of regulations for paratransit vehicles.
Since the City resumed administration of the for -hire vehicle program, permitting has been
performed by the National City Department of Finance. Field enforcement of for -hire vehicle
regulations falls to the National City Police and Neighborhood Services Departments.
In 2005, MTDB, San Diego Transit, and the San Diego Trolley consolidated into one entity, the
Metropolitan Transit System ("MTS").
On November 10, 2014, the City Council of the City of San Diego voted to eliminate the limit on
the number of taxicab operating permits available from MTS.
DISCUSSION
Service
As discussed above, the City of National City currently has self-administered its for -hire vehicle
program since January 2005. While the City Council of the City of National City has approved a
"soft" limit of eighty-five taxicab permits, the number of permits issued peaked at seventy-nine
in 2006 and has declined to six today. MTS administers the for -hire vehicle programs of seven
cities in San Diego County — San Diego, El Cajon, Imperial Beach, La Mesa, Lemon Grove,
Poway, and Santee. Presently, approximately one thousand two hundred taxis are operated under
MTS authority, all of which may conduct business in any city with an MTS agreement. (These
totals do not include vehicles authorized to operate at the San Diego International Airport, which
separately issues permits for taxicab operation on airport premises, or those permitted by the San
Diego County Sheriff's Department for the unincorporated areas of the County, although there
likely is "overlap," i.e., vehicles operating with permits from more than one issuer.)
Regulations & Enforcement
The National City Municipal Code ("the NCMC") requires for -hire vehicles to meet stringent
standards for vehicular safety, signage or markings, fees, internal and external aesthetics, and
driver appearance. However, at current staffing levels, it is operationally burdensome for City
staff to conduct inspections to ensure such vehicles operating in National City are in
conformance with those standards. MTS's for -hire vehicle regulations are similar to those of
National City, and MTS's resources allow it to carry out administration and enforcement
Page 3
Staff report seeking City Council direction regarding administration of the City of National
City's taxicab and other for -hire paratransit vehicle program
October 18, 2016
functions more efficiently than the City of National City and the seven cities for which it
currently performs them.
Revenue
Permitting
Section 11.70.030 of the National City Municipal Code, requires that a permit be obtained from
the City and renewed annually for each for -hire vehicle operated. The City receives a fee of one
hundred dollars for each permit renewal, which currently results in annual revenue (from the
currently permitted taxis) of six hundred dollars. Other, higher fees and charges apply to first-
time permit applicants and to presently authorized operators applying for additional vehicle
permits, but no application has been received from a new operator or from an operator requesting
an additional permit(s) since August 2006.
Notwithstanding the amounts currently or potentially collected, permit revenues are offset by the
for -hire vehicle program's expenses, in accordance with the provision of the California
Constitution (Ca1.Const. Art. 13C, § 1) prohibiting a charge imposed by a local government from
exceeding the reasonable administrative and regulatory costs of the associated program. Hence,
there may be, and is, no net financial benefit to the City from these revenues.
Business Tax Licensing
In addition to requiring a permit, the NCMC dictates that a National City business tax license be
acquired for each taxi operating within the City (NCMC §§ 6.04.260[A] and 6.04.310[A]). The
tax applicable to taxicab operators is sixty-five dollars (per vehicle) per year, resulting in annual
revenue of three hundred ninety dollars from the six presently permitted cabs. (The
aforementioned constitutional restriction does not apply to taxes.)
The business tax obligation of for -hire vehicle operators is not predicated upon whether vehicle
permits are issued by the City; therefore, this revenue would remain receivable if administration
of the for -hire vehicle program were transferred to MTS. Under an agreement with a city for
which MTS administers the for -hire vehicle program, the San Diego County Sheriff's
Department will perform checks to ensure operators seeking MTS permits hold business licenses
from that city.
Cost
The cost to the City of the for -hire vehicle program as presently administered is negligible and,
as noted above, is offset by permit fees and charges collected. There would be no cost associated
with an agreement with MTS to administer the program nor with an agreement with the San
Diego County Sheriff's Department to perform business tax license checks.
5
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Staff report seeking City Council direction regarding administration of the City of National
City's taxicab and other for -hire paratransit vehicle program
October 18, 2016
CONCLUSION
As noted above, the City lacks the resources to adequately inspect taxicabs, operators, and
drivers or to otherwise effectively enforce its for -hire vehicle regulations. Entering into an
agreement with MTS authorizing it to regulate for -hire vehicles operating within National City
limits would ensure more effective performance of these functions. In addition, six taxis operate
within the City today, while one thousand two hundred operate under MTS authority in seven
other cities in southwestern San Diego County. Therefore, if National City is added to the cities
in which MTS-permitted taxis may operate, substantially more cabs would be able to conduct
business in the City and service likely would improve. Finally, should the City Council decide in
favor of MTS regulation, the negative fmancial impact on the City, if any, would be
insignificant, given for -hire vehicle permit fee revenue and the administrative expenses of the
program balance "wash" and business tax revenue is nominal. However, since it is likely more
taxicab operators would conduct business within National City and business tax revenue would
remain receivable, revenue could increase, depending upon operator compliance. Entering an
agreement with the San Diego County Sheriff's Department to perform business license checks
would increase the likelihood of compliance and overall revenue at no additional cost to the City.
RECOMMENDATIONS
Staff recommends the City Council direct staff to:
• negotiate an agreement with the San Diego Metropolitan Transit System to license and
regulate for -hire vehicles operating in the City of National City;
• negotiate an agreement with the San Diego County Sheriff's Department to perform
National City business tax license checks of operators applying for San Diego
Metropolitan Transit System for -hire vehicle permits; and
• prepare amendment(s) and/or repeal(s) of the National City Municipal Code section(s)
applicable to for -hire vehicle businesses, as necessary.
FISCAL IMPACT
At this time, it is not possible to determine the net impact of approval of the above
recommendations, as it would be dependent upon the number of taxicab operators choosing to
conduct business within National City and their compliance with the City's business tax license
requirement. However, the potential negative impact would be three hundred ninety dollars, the
current annual business tax revenue received from taxi operators, which would be lost if
operators do not comply with the City's business tax license requirement.
NEXT STEPS
If the above recommendations are approved, staff will contact MTS and the San Diego County
Sheriff's Department to begin negotiation of the terms of the necessary agreements.
Concurrently, staff will undertake the preparation of the necessary amendments and/or repeals of
NCMC sections applicable to for -hire vehicles.
6
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Staff report seeking City Council direction regarding administration of the City of National
City's taxicab and other for -hire paratransit vehicle program
October 18, 2016
ATTACHMENTS
Attachment 1 — December 10, 2013 Staff Report of City Attorney and Director of Administrative
Services
Attachment 2 — May 21, 1991 Staff Report of Chief of Police
Attachment 3 — NCMC Chapter 6.04 Sections (260 and 310) — Business Tax License
Attachment 4 — NCMC Chapter 11.70 — Regulation and Licensing of Transportation Services
9
RESOLUTION NO: 2017 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO LICENSE AND
REGULATE FOR -HIRE VEHICLES OPERATING IN THE CITY OF
NATIONAL CITY AT NO COST TO THE CITY
WHEREAS, the City of National City desires to enter into an Agreement with the
Metropolitan Transit System (MTS) to administer and enforce its taxicab and other for -hire
vehicles policies and regulations in effect as of March 21, 2017, and as thereafter from time to
time amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and
transportation services rendered wholly within National City's city limits during the period of
March 21, 2017 through June 30, 2019, pursuant to Public Utilities Code Section 120266, and in
accordance with MTS Ordinance No. 11, "An Ordinance Providing for the Licensing and
Regulating of Transportation Services Within the City"; and
WHEREAS, there is no direct cost to the City associated with the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute an Agreement with San Diego Metropolitan Transit System to administer
and enforce National City's taxicab and other for -hire vehicles policies and regulations in effect
as of March 21, 2017, and as thereafter from time to time amended by MTS, and thereby
regulate such taxicab and other for -hire vehicles and transportation services rendered wholly
within National City's city limits during the period of March 21, 2017 through June 30, 2019,
pursuant to Public Utilities Code Section 120266, and in accordance with MTS Ordinance No.
11, "An Ordinance Providing for the Licensing and Regulating of Transportation Services Within
the City" Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 2151 day of March, 2017.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
Interim City Attorney
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950-4397
619-336-4228
Michael R. Dalla, CMC - City Clerk
March 29, 2017
Ms. Sharon Cooney
San Diego Metropolitan Transit System
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101
Dear Ms. Cooney,
On March 21St, 2017, Resolution No. 2017-30 was passed and adopted by the City
Council of the City of National City, authorizing execution of an Agreement with the San
Diego Metropolitan Transit System.
We are forwarding a certified copy of the above Resolution and two partially executed
original Agreement. Please return a fully executed original Agreement to us for our
files.
Michael R. Dalla, CMC
City Clerk
Enclosures
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950-4397
619-336-4228
Michael R. Dalla, CMC - City Clerk
METROPOLITAN TRANSIT SYSTEM (MTS)
For -Hire Vehicle Agreement
Mark Roberts (Finance) Forwarded
Copy of Agreement to MTS.