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ORDINANCE NO. 2054
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING
DIVISION 9 OF ARTICLE VI OF THE ARCADIA
MUNICIPAL CODE RELATING TO THE REGULATION
OF TAXICABS AND AUTOMOBILES FOR HIRE AND
THE OPERA TORS THEREOF
WHEREAS, State law requires cities to provide for a policy for entry into the business
of providing taxicab transportation service which must include the issuance of a driver's
permit to taxicab operators; and
WHEREAS, the State legislature has recently enacted legislation requiring cities to
establish a mandatory controlled substance and (jlcohol testing certification program for
taxicab drivers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. That the Arcadia Municipal Code is hereby amended by adding Section
6429.3.7.1 to read as follows:
6429.3.7.1. DRIVERS.
(a) The holder of an operator's permit shall be responsible for ensuring that all
persons employed by them as drivers, all applicants who have been offered positions of
, employment as drivers, and all persons to whom vehicles are leased to be used as taxicabs,
have provided the Business License Officer with satisfactory proof of compliance with the
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drug and alcohol testing requirements contained in this Division and have obtained a valid
drivers permit from the Business License Officer.
(b) Holders of operator's permits shall provide the Business License Officer with
the names of all persons employed by them as drivers and with the names of all persons to
whom vehicles have been leased to be used as taxicabs.
(c) Holders of operator's permits shall immediately notify the Business License
Officer of the names of all drivers whose employment with the operator has been terminated
and with the names of those persons to whom vehicles have been leased upon the expiration
or cancellation of such lease.
(d) Holders of operator's permits shall be responsible for the cost of drug and
alcohol testing of drivers employed by them.
SECTION 2. That the Arcadia Municipal Code is hereby amended by adding Section
6429.4.4 to read as follows:
6429.4.4. CONTROLLED SUBSTANCE AND ALCOHOL TESTING PROGRAM.
(a) As used in this Title, the following definitions shall apply:
(1) "Controlled Substance" shall mean those substances specified in Part
40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, as it
exists on the effective date of this Ordinance, or as it may be amended.
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(2) "Negative Test for Alcohol" shall mean an alcohol screening test
showing a breath alcohol concentration of less than 0.02 percent.
(b) Each applicant shall submit satisfactory proof of a negative test result for
controlled substances and for alcohol to the Business License Officer before a driver's pennit
shall be issued.
(c) Persons holding a valid driver's pennit shall, within thirty (30) days of the
expiration oftheir driver's pennit, submit satisfactory proof to the Business License Officer
of a negative test for controlled substances and for alcohol. No driver's penn it shall be
renewed unless such proof has been submitted,
(d) Testing procedures shall be substantially as specified in Part 40 of Title 49 of
the Code of Federal Regulations, as it exists on the effective date of this Ordinance, or as it
may be amended. Requirements for rehabilitation and for return-to-duty and follow-up
testing and other requirements shall be substantially as in Part 382 (commencing with
Section 382.101) ofTitle 49 of the Code of Federal Regulations, as it exists on the effective
date of this Ordinance, or as it may be amended.
(e) Self-employed independent drivers shall be responsible for compliance with
the requirements of this Section and for all costs incurred thereby. Employing transportation
operators shall be responsible for compliance with respect to their employees and potential
employees.
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(f) Test results shall be reported directly to the employing transportation operator,
who shall, within five (5) days ofreceipt of positive results, notify the Business License
Officer. Self-employed independent drivers shall submit all test results to the Business
License Officer, who shall notify the taxicab leasing company of record, if any, of positive
results.
(g) The driver's permit of any person convicted of using, selling, or driving under
the influence of any controlled substance or alcohol, shall be subject to suspension or
revocation pursuant to the provisions of this Code.
SECTION 3. That the Arcadia Municipal Code is hereby amended by adding Section
6429.4.5 to read as follows:
6429.4.5. TERMINATION OF EMPLOYMENT. The driver's permit shall become
void immediately upon termination of employment. The employer, or the driver if self-
employed, shall notify the Business License Officer upon termination of employment. The
driver shall return the permit to the Business License Officer upon such termination.
SECTION 4. That Section 6429.4.2 of the Arcadia Municipal Code is hereby
amended to read as follows:
6429.4.2. ISSUING. The Business License Officer may refuse to issue any such
permit if, in the exercise of reasonable discretion, it shall be determined that such applicant
is not qualified to be the driver of an automobile for hire or taxicab. Otherwise the Business
License Officer shall issue a driver's permit to such applicant upon payment of a license fee
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of Ten Dollars ($10.00) in addition to the cost of fingerprinting conducted by the Arcadia
Police Department. Every driver's permit issued shall set forth the name of the driver, the
driver's photograph, the name of the driver's employer, and the name of the owner of the
vehicle which the driver shall use. Each driver's permit shall be displayed conspicuously in
the vehicle by the driver.
SECTION 5. Ifany section, subsection, sentence, clause, or word of this Ordinance
is for any reason held to be invalid by a court of competent jurisdiction, such decision shall
not affect the validity ofthe remaining portions of this Ordinance. The City Council of the
City of Arcadia hereby declares that it would have passed and adopted this Ordinance, and
each and every provision thereof, irrespective of the fact that anyone or more of said
provisions may be declared invalid.
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SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy of the same to be published in the official newspaper of the City within fifteen
(IS) days upon its adoption,
Passed, approved and adopted this 20th day of August
, 1996.
-//~d~
Mayor/ofthe City of Arcadia
Pro Tern
ATTEST:
APPROVED AS TO FORM:
YrJ<1.j f Pl$L
City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF ARCADIA
I, JUNE D. ALFORD, City Clerk of the City of Arcadia,
hereby certify that the foregoing Ordinance No. 2054 was
passed and adopted by the City Council of the City of Arcadia,
signed by the Mayor Pro Tern and attested to by the City Clerk
at a regular meeting of said Council held on the 20th day of
August, 1996 and that said Resolution was adopted by the
following vote, to wit:
AYES: Councilmember Chang, Harbicht, Young and Kuhn
NOES: None
ABSENT: None
1)
f Arcadia
Cit
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