ORDINANCE NO. 7,336–N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 9.52 AND AUTOMOBILES FOR HIRE

BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 9.52.010 is amended to read as follows:

9.52.010 Definitions. For purposes of this chapter the following terms shall be defined as follows: A. "Driver" means every individual who operates any or for hire as an employee of a business owner, independently owns the taxicab or and operates under the auspices of such owner, or has independently contracted with such owner to operate the taxicab or vehicle for hire pursuant to a lease, license or any other form of agreement. B. "Motor vehicle" means every motor vehicle used for public hire propelled by mechanically produced power and intended for use on public streets and highways, except street , , and motor busses. C. "Business owner" means any entity engaged in the business of providing for the purpose of carrying in a taxicab or other vehicle for hire, whether comprised of an individual, group of individuals, partnership, limited partnership, joint venture, corporation, or any other organizational structure identified by name, phone number, central dispatch, color scheme, monogram, or insignia distinguishing itself from any other entity engaged in such business. D. "Stand" or "taxi stand" means a portion of the public street designated by the City for the sole use of taxicabs while waiting for employment. E. "Taxicab" means a motor vehicle, designed for carrying not more than eight passengers excluding the driver, of distinctive color or combinations of colors used in the transportation of passengers over the public streets of the City, operated at rates per mile, per destination or for a combination of any two of the foregoing rates, irrespective of whether or not the operations extend beyond the limits of the City, and which is made available for hire on call or demand, at taxi stands, or by telephone. F. "Taximeter" means any mechanical or electronic instrument, appliance, device or machine by which the charge for hire of a motor vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device or machine such charge is indicated by figures. G. "Vehicle for hire" means any motor or electric vehicle offered to the public for hire with the services of a driver, whether equipped with a taximeter, used for the transportation of passengers over the public streets of the City, irrespective of whether such operations extend beyond the boundary limits of the City, at rates per distance, trip, per hour, per day, per week, per month, and where transportation is under the control, as to route, of the persons hiring the same; except however, that vehicles for transportation of handicapped persons as regulated by Ordinance 4125-N.S., hearses,

Ordinance No. 7,336-N.S. Page 1 of 8 ambulances, trains, motor or trolley busses are not included within this definition. H. "Taxi scrip" means a coupon or certificate or other document issued by the City of Berkeley for the purpose of paying for services provided by vehicles for hire and which is redeemed by the City of Berkeley for cash, check, warrant or other form of monetary exchange after it has been used by a as payment for a ride. I. "Accessible taxicab" means a taxicab designed to carry at least one person using a standard wheelchair or designed to a person with a disability, such that the passenger can remain in the wheelchair or scooter at all times while entering, riding in, and exiting the taxicab and can enter and exit the taxicab without assistance. J. "Low Emission Vehicle" means any hybrid vehicle, Certified Natural Gas Vehicle or vehicles certified by the manufacturer to have a "City" miles per gallon rating no less than 32 miles per gallon. K. “Non-Ambulatory Passenger “Any passenger using an ambulatory aid such as a standard wheelchair, motorized wheelchair, power chair, scooter, walker or crutches. L. “Adaptive Equipment” means equipment used to convert a conventional passenger vehicle to an accessible vehicle for transporting persons with disabilities. Such equipment includes but is not limited to: ramps, lifts, wheelchair restraints, lowered floors or bubble tops. M. “In-cab Advertising Display Equipment” means any equipment used to display advertising on the interior of a taxi cab. Such equipment includes but is not limited to monitors, displays (lcd, plasma, etc), cables, wireless electronics, and structural support equipment. N. “Advertising Service Provider” means any individual, group of individuals, partnership, limited partnership, joint venture, corporation, entity, or any other organizational structure identified by name engaged in the business of providing advertising for taxis or vehicles for hire for the purpose of carrying passengers. O. “Person with Disability” as defined by the Americans with Disabilities Act, means a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

Section 2. That Berkeley Municipal Code Section 9.52.080 is amended to read as follows:

9.52.080 Vehicle maintenance--Markings, safety and inspections. A. Taxicab Color Scheme--Approval. 1. A unique and characteristic color scheme approved by the City shall be used by each business owner operating vehicles for hire in the City to distinguish all of the vehicles for hire such owner operates. Such scheme shall not be used by any other business owner. 2. No change whatever in the color scheme or distinguishing characteristics of any vehicle for hire shall be made without prior written permission of the City. B. Taxicab Markings. It is unlawful to operate a vehicle for hire within the City which does not have printed or placed upon the rear door of the vehicle and on each side and rear deck of such

Ordinance No. 7,336-N.S. Page 2 of 8 vehicle for hire the name of the business owner. All such lettering shall be in letters not less than two and one fourth inches in height and not less than five sixteenths inches in stroke. In addition, the dome light markings shall read the same as the business owner’s name or fictitious name written upon the rear doors and rear of the vehicle or only shall read "Taxi." In addition, every vehicle for hire shall have printed or placed upon the exterior in conspicuous letters of the same color not less than three and one half inches in height and not less than one half inch stroke, of a color in contrast of the color of the vehicle for hire, the number of such vehicle for hire, which numbering shall be printed or placed in the following locations: 1. On each side of the vehicle on the leading edge of the front door; 2. At the center on the leading edge of the front of the hood; 3. At the center on the rear edge of the trunk lid. 4. Accessible taxis shall display the International Symbol of Accessibility on the vehicle in the following locations: a. On the lift ramp access door; b. Entrance door; and c. On the rear of the vehicle immediately above the rear bumper. C. Vehicle Maintenance and Physical Condition. 1. There shall be no physical damage to the exterior. 2. All exterior components must be fitted and function properly, as designed without a secondary assistance device. 3. No exterior component of the vehicle shall be missing, damaged, cracked, torn, broken, dented or unpainted in the approved color scheme. 4. No interior component of the vehicle shall be missing, damaged, broken, cracked, torn, dented or unpainted in the approved color scheme. 5. Doors, windows, handles and locks must be attached and function properly. 6. The interior of the vehicle shall be free of noxious odors including tobacco odors, spoiled food odors, foul odors and any other odor that may be offensive to the patron. 7. No advertising, wording, or obstructions of any kind on the windows. No window tinting on vehicles purchased for taxi use after October 1, 2011. 8. All exterior advertising must be on an approved fixed mounted roof top triangle shaped taxi ad carrier or taxi light box. 9. There shall be no unapproved advertising, wording, language, colors or designs on the exterior of the vehicle. 10. Except as authorized by BMC Section 9.52.085, there shall be no unapproved advertising, wording, language, colors or designs on the interior of the vehicle. 11. There shall be no items of any kind attached, hanging or suspended from the interior rear view mirror. 12. Portable global positioning system (GPS) devices no larger than seven inches square shall be placed in the lower left corner of the windshield nearest the driver. 13. No unapproved devices, objects or material shall be placed on the dashboard. 14. Current and up to date user manuals and equipment operation manuals shall be kept in the accessible taxi at all times. D. Illumination of Passenger Compartment. Every vehicle for hire shall at all times be equipped with a light of not less than two candlepower within such vehicle, so arranged as to illuminate the entire passenger compartment, which light shall be kept

Ordinance No. 7,336-N.S. Page 3 of 8 constantly lighted at all times while any passengers are being loaded into or unloaded from any such vehicle for one-half hour after sunset of any day until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of any such vehicle while the same is occupied. E. Operation When in Unsafe or Unsanitary Condition Prohibited. It is unlawful to operate any vehicle for hire while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe or unsanitary condition. F. Inspection--Requirements for. Before a vehicle permit is issued to a taxicab business owner, each vehicle for which a vehicle permit is requested shall be delivered to a City-approved vehicle inspection station for inspection of such vehicle and its equipment to ascertain whether such vehicle and equipment comply with the provisions of this chapter. The City shall provide a list of approved vehicle inspection stations. Any vehicle which is found after such inspection to be unsafe or in any way unsuitable for service will not be issued a vehicle permit and immediately may be ordered out of service. Before a vehicle permit is issued, or the vehicle is again placed in service, it shall be placed in a safe and sanitary condition, inspected, and a completed inspection certificate filed with the City. Each vehicle to be operated shall be reinspected upon annual renewal of the vehicle permit. The interior and exterior of any vehicle shall be clean and well maintained as determined by the City and meet California vehicle code requirements and the requirements of this chapter at all times when in operation. G. Accessible Taxi Vehicle Inspection. Prior to inspections pursuant to Section 9.52.080(F), all accessible taxis shall be required to pass an accessible taxi vehicle inspection conducted by a City facility or City-approved inspection facility. Accessible taxi vehicle inspections shall include: 1. Lift system inspection; 2. Driver knowledge and operation of the lift system; 3. Restrain system inspection; 4. Driver knowledge and operation of the restrain system; 5. Brake system inspection; 6. User manuals and equipment operating manuals. H. Inspection Authorized When. Any City official charged by the City Manager with the authority to enforce this chapter shall have the right, after displaying the proper identification, to enter into or upon any permitted vehicle for hire in the City for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. The scope of this inspection is limited to determining compliance with the requirements of this chapter and may be done without notice, warrant, or individualized suspicion of wrongdoing.

Section 3. That Berkeley Municipal Code Section 9.52.085 is added to read as follows:

9.52.085 In-Cab Advertising In-Cab Advertising. A. No person, corporation, partnership, cooperative, business, fictitious name shall engage in the business of providing in-cab advertising without a City of Berkeley Business License and complying with the requirements of this chapter.

Ordinance No. 7,336-N.S. Page 4 of 8 B. In-Cab Advertising – Application. Any taxi business owner seeking to provide in- cab advertising shall apply in the manner set forth herein. The application shall be on a form authorized by the Director of Finance. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the application form and accompanying documentation, including but not limited to the following: 1. Name and address of the taxi company 2. Name, address and phone number of the in-cab advertising company 3. Name, address and contact information for at least three representatives of the in-cab advertising company. 4. Satisfactory proof that such equipment has been proven to be safe for installation and operation in the rear passenger compartment of the proposed taxi vehicle. Such satisfactory proof shall include, but, is not limited to: a. Documentation from the vehicle manufacturer b. Documentation from the advertising equipment manufacturer c. Documentation that the equipment installer has been approved and authorized by the equipment manufacturer 5. In the event that original equipment installed by the vehicle manufacturer is replaced by in-cab adverting equipment, the taxi company and advertising service provider shall provide satisfactory proof that the equipment replacement meets or exceeds the vehicle manufactures specification. C. In-Cab Advertising Equipment Requirements 1. Failure to comply with this Section may result in suspension or revocation of the owner permit, driver permit or vehicle permit. Nothing in this section limits the authority of the Directory of Finance to summarily revoke any owner, driver or vehicle permit when a threat to public health, safety, or welfare exists. 2. All components of the in-cab advertising display must be securely fitted and function properly, as designed, without a secondary assistance device. All components of the in-cab advertising display shall be maintained in a safe, clean and undamaged condition. No component of the advertising display shall be missing. 3. Interior display screens shall be limited to the following: a. Displays manufactured as part of the headrest shall be no smaller than 7” and no larger than 9”. b. Displays mounted between the two front seats shall be mounted no higher than the upper section of the front seat excluding the headrest. 4. In-cab advertising equipment shall not interfere with or impede; a. Ability of the driver to operate the vehicle as designed; and b. Forward view or rear view of the driver. 5. In-cab advertising equipment shall not interfere with passenger, safety, comfort, view, nor in anyway reduce the manufactures specified size the passenger compartment. 6. The in-cab advertising display shall be equipped with an on/off switch controlled by the passenger. 7. The in-cab advertising display shall be equipped with a volume control switch controlled by the passenger. The maximum volume shall not exceed 70db. D. Prohibited Activity and Advertisements

Ordinance No. 7,336-N.S. Page 5 of 8 1. Drivers shall at no time operate in-cab advertising equipment while the vehicle is in motion; this does not preclude customers or passengers from operating the equipment. 2. No taxi company or taxi driver may solicit or otherwise promote the products or service advertised in the display

Section 4. That Berkeley Municipal Code Section 9.52.095 is added to read as follows:

9.52.095 Accessible Taxi Service A. Prior to assigning a driver to an accessible taxi the Taxi Company and taxi driver shall demonstrate to Finance Department that the taxi driver is competent to operate an accessible taxi by demonstrating following: 1. Driver knowledge and operation of the lift system; 2. Driver knowledge and operation of the restrain system; and 3. Driver knowledge of the User manuals and equipment operating manuals. B. Priority for Passengers with Assistive Devices. Operators and Drivers of accessible taxis shall grant priority to requests for service from passengers who use ambulatory aides, and may not accept any other service request while en route to a dispatched call from a person who uses an ambulatory aide. In the absence of a request for service by a passenger who uses an ambulatory aide, a Accessible Taxi may transport any person. C. Drivers of accessible taxis must provide the following services: 1. Assist the passenger from the curbside to the vehicle; 2. Assist the passenger from the vehicle to the curbside; 3. Secure the passenger within the vehicle; 4. Wait for the passenger at the curbside for at least ten (10) minutes after the agreed upon pickup time; and 5. The taxi company owner, dispatcher or driver shall confirm the agreed upon pickup time at least fifteen (15) minutes prior to arriving at the location. D. Accessible Taxi Pickups per Month. Every Taxi Business Owner that operates a Accessible Taxi must ensure that the operation of the Accessible Taxi makes at least eight pick-ups per month of persons with disabilities. If the Taxi Business Owner fails to meet this requirement three times within a six-month period, the Accessible Taxi Permit shall be revoked and reassigned to individuals on the Waiting List. . A record of accessible taxi service shall be maintained pursuant to Section 9.52.130. E. Safe Operating Condition. All Accessible Taxis must be maintained in a safe operating condition. All business owners and drivers operating an Accessible Taxi are jointly and severally responsible for ensuring that all accessible taxis for which they hold permits meet all equipment requirements listed in this Section. Any accessible taxi may be removed from service for any violation of this Section until the violation is corrected and the vehicle is re-inspected and approved for service. F. Adaptive Equipment. Vehicle conversions and the installation or placement of any adaptive equipment shall be done by a facility with individuals certified or licensed to perform vehicle conversions and equipment installations. Adaptive equipment installations shall not interfere with the driver's visibility or the operation of any original manufactures equipment. The adaptive equipment operator’s manual shall be in the

Ordinance No. 7,336-N.S. Page 6 of 8 vehicle at all times. G. All lifts shall be powered by electric or hydraulic systems. Lift ramps shall be no less than thirty (30) inches wide. Lift capacity shall be no less than 500 pounds.

Section 5. That Berkeley Municipal Code Section 9.52.120 is amended to read as follows:

9.52.120 Standards for owner and driver conduct. A. Misrepresentation in Solicitation of Prohibited. It is unlawful to solicit fares by misrepresenting in any manner whatsoever the identity of the owner of the vehicle for hire or business owner for which the is solicited and it is unlawful to misrepresent the location of, time or distance to any destination to which a passenger seeks transportation. B. Interference with Passengers Seeking Transportation. It is unlawful to interfere in any manner whatsoever with any person who is negotiating for, inquiring about transportation in, or employing a vehicle for hire. C. Unlawful Obstruction of Public Right-of-Way. It is unlawful for any person possessing a City of Berkeley taxi driver permit and operating a vehicle possessing a City of Berkeley vehicle permit to: 1. Obstruct any street or sidewalk at anytime; 2. Unlawfully park a taxi on any street; 3. Drive a vehicle in reverse against the direction of traffic; 4. Drive a vehicle at such a slow speed as to impede the reasonable or normal flow of traffic. D. For purposes of on-street parking, a taxi driver (lessee) shall be authorized to park one taxicab on the public right of way immediately adjacent to his or her primary residence; provided, that the business owner has complied with Section 9.52.030.B.6. E. Provision of Assistance to Passengers. A driver of any vehicle for hire shall offer to provide assistance and, if requested, shall provide reasonable assistance to each passenger in entering and leaving the vehicle unless the passenger indicates otherwise. Drivers shall confirm that passengers are securely seated and their possessions, if any, are secure, and the door closed, before beginning the trip. Drivers shall ensure that passengers and their possessions are safely clear of the vehicle and in an appropriate deboarding location before leaving the destination. Drivers shall board passengers at the nearest safe, legal and feasible point to the passenger’s location and shall deboard passengers at a point from which they can safely proceed. F. Lost Property--Report and Recordkeeping Required. All property of value found by drivers or business owners in the vehicles for hire operated by said business owners or drivers, or delivered to them by any person who has found such property, shall be reported to the City within 48 hours, unless such property shall have been claimed by and returned to the rightful owner within that time. Every business owner shall keep a record of all such property, whether returned to the owner of the property or not, for 30 days. G. Service--Denial of. It is unlawful for a driver or business owner to refuse a prospective fare based on the distance of the route for which the service is requested, or the geographic location of either the origin or destination of the trip (except where

Ordinance No. 7,336-N.S. Page 7 of 8 that distance exceeds a total of 50 miles beyond the City limits of the City of Berkeley), or to take any action to actively discourage a prospective fare solely on the basis of race, creed, color, age, sex, sexual orientation, national origin, use of taxi scrip or disability, including use of service animals. H. State Mandated Drug and Alcohol Testing. Pursuant to the provisions of California Government Code Section 53075.5, each and every driver authorized to operate a vehicle for hire in the City shall submit proof of negative testing for controlled substances and alcohol to the City as required by state law. I. Driving Records of Owners and Drivers. Taxi vehicle owners and drivers are required to report all California Vehicle Code violations to the Finance Department within five (5) days of receiving a citation. Drivers receiving four (4) or more points within a twelve month period may be considered a negligent driver and subject to suspension or revocation. J. A driver may inquire whether an animal is a service animal but may not require a disabled person to show any documentation of disability or certification of the animal’s status as a service animal. The driver may require service animals not in carrying containers to remain on the floor of the vehicle.

Section 6. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on May 20, 2014 this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Bates.

Noes: None.

Absent: None.

Ordinance No. 7,336-N.S. Page 8 of 8