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HomeMy WebLinkAbout2054 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 2054 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. 2 2054 (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. 3 2054 (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 4 2054 of Ten Dollars ($10.00) in addition to the cost of fingerprinting conducted by the Arcadia Police Department. Every driver's permit issued shall set forth the name of the driver, the driver's photograph, the name of the driver's employer, and the name of the owner of the vehicle which the driver shall use. Each driver's permit shall be displayed conspicuously in the vehicle by the driver. SECTION 5. Ifany section, subsection, sentence, clause, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity ofthe remaining portions of this Ordinance. The City Council of the City of Arcadia hereby declares that it would have passed and adopted this Ordinance, and each and every provision thereof, irrespective of the fact that anyone or more of said provisions may be declared invalid. 5 2054 SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City within fifteen (IS) days upon its adoption, Passed, approved and adopted this 20th day of August , 1996. -//~d~ Mayor/ofthe City of Arcadia Pro Tern ATTEST: APPROVED AS TO FORM: YrJ<1.j f Pl$L City Attorney 6 2054 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 7 2054