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HomeMy WebLinkAbout0630 <i ORDINANCE NO. 630 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROVIDING FOR THE SUPERVISION AND REGULATION OF THE TRANSPORTATION OF PERSONS FOR COl'IPE~NSATION UPON THE PUBLIC STREETS AND PRESCRIBING PENALT IES FOR THE VIOLAT- ION THEREOF. THE CITY COUNCIL OF THE CITY OF ARCADIA HEREBY ORDAINS AS FOLLOWS: SECTION 1. DEFINITIONS: The following words and phrases whenever used in this ordinance shall be construed as defined in this section, unless it shall be apparent from the context that a different meaning is intended. (a) IIPersonll includes a natural person, firm, copartnership, association or corporation. (b) "City" shall mean the City of Arcadia. (c) "Streetll shall mean and include every street, avenue, highway, alley, road and lane in this City which has been, or may here after be, dedicated or set apart as such and open to public use. (d) "Automobile for hire" shall mean and include 1Z f>,lIi. ~~ 1;~1.,J ~ ,10' ~"".1P P ID A every automobile or motor propelled vehicle used for the transportation of passengers for compensation over the streets of this City and not over a fixed or defined route, irrespective of whether the operations extend beyond the boundary limits of said City, at rates for distance traveled, per mile, per trip, for waiting time, or otherwise. (e) "Owner" shall mean and include any person other than a driver, who or which owns, operates, controls or directs the use of an automobile for hire. \"fJ~ au/.. 6 SU (f) IIDrivertl is a person who drives or is in actual physical control of an automobile for hire. SECTION 2. It shall be unlawful for any person to operate or cause to be operated upon any street in the City any automobile for hire, unless there shall have been issued by the City an owners permit to the owner, and a drivers permit to the driver thereof, and unless each such permit shall be in full force and effect. SECTION j. OWNER'S PERMIT: Any person may apply to the City for a permit to operate an automobile or automobiles for hire, upon the streets of the City, by filing with the City Clerk of the City, upon forms to be supplied by the City, an application setting forth the following information, viz: l. The name, age, address and length of residence in the City of said applicant. 2. Whether applicant was previously engaged in the business for which a permit is requested, and if so the location and length of time thereof. 3. The name and address of five (5) or more local references. 4. If'"applicant is a corporation, a copy of the articles of incorporation shall be attached to the application; if a partnership, a copy of the partnership agreement. 5. The number of automobiles for hire to be used in the business of the a~plicant, and the follow- ing information concerning each automobile: trade name, year model, motor number, type, state license number, mileage and detailed statement of condition of tires, brakes, body, upholstery and motor. -2- ad 600 6. Such other and further information as may be required by the City Council. SECTION 4. No owner's permit fo~ the operation of an automobile or automobiles for hire shall be granted or author- ized to be issued, until the City Council determines that the following facts exist and acts have been performed, or that they will exist and will be performed before the privilege sought shall be exercised: 1. That public convenience and necessity require the operation of said automobile or automobiles for hire as set forth in said application. The declar- ation of public convenience and necessity shall not be necessary for the granting of a permit to operate the same number of vehicles or a lesser number, held by the applicant under the same name on the date prescribed for the expiration of permits, and such permits shall be classed as renewals provided they were granted in the first instance under the provisions of this Ordinance. The Council in declaring whether or not public convenience and necessity exis~, may take into con- sideration all facts as it may deem pertinent and proper, which facts shall or must include a specific finding that the following conditions exist: (a) That applicant is financially responsible. (b) That persons holding permits for the operation of automobiles for hire are, under efficient management, earning a fair and reasonable rate on their capital devoted to such service. (c) That persons holding permits for the operation -3- ad. b 3'0 of automobiles for hire are, under normal conditions, inadequately serving the public. 2. That the owner has secured and paid in advance the premium, for not less than one month, upon an insurance policy executed by an insurer and in such form as the Council may deem proper and approve, insuring the owner, driver and public against any loss or damage that may result to any person or property as the result of the ownership, use or operation of such automobile or automobiles, provided, that the minimum liability or amount of recovery upon such policy or policies for each automobile for hire being so operated shall not be less than the following: For the injury to anyone person, or the death of anyone person, in anyone accident ....$5,000.00 For the injury to two or more persons, or the death of two or more persons, in anyone accident ................................ .$10,000.00 For the injury or destruction of property in any one accident ............................. .$5,000.00, provided, further, that the owner has filed an endor- sement of said insurance policy or policies with the City Clerk wherein it is provided that the same shall not be canceled by the insurer until the City, by service on the City Clerk, shall have written notice at least ten days i~mediately prior to the time when such canceling shall become effective. 3. That the Chief of Police of the City, whose duty it shall be to do so, has made or. caused an examination to be made of the automobile or automobiles described -4- o~ 63{) in said application and to be used for hire, and reports in writing to the City Council that such automobile or automobiles is or are in all respects in good running order, and adequate to secure the safety of passengers. 4. That applicant has in all respects fully complied with all laws of the state and ordinances of the City. SECTION 5. Each permit issued by the City Council shall entitle the holder thereof to obtain a license from the City Clerk upon the payment of the license fee, at the rate of Twelve Dollars ($l2.00) per year ~er car the~efor, payable in advance, to operate the automobile or automobiles for hire set forth and de scribed in the permit. Such license' shall be in the form adopted and approved by the Council, and shall be securemy attached to the dash of the automobile, for hire licensed at all times when said vehicle is in use. The holder of an owner's permit may substitute one auto- mobile in the place and stead of each licensed automobile the use of which has been discontinued, bY'making application to do so, and securing the approval of the City Council. Before granting such approval the applicant shall fully comply with the provisions of subdivisions five (5) and six (6) of Section Three (3), and subdivisions ~wo (2) and three (3) of Section Four (4) of this ordinance. Upon granting such application the City Clerk shall endorse a memorandum of such substitution upon the original owner's permit, and atso upon the license ~~~~q~ issued to the automobile, the use of which has been discontinued. ~~~~!)., ~~~. b For each such substitution such permit holder shall pay to the ~ City Clerk a fee of One Dollar ($l.OO). SECTION 6. The granting of a permit for the operation of an automobile or automobiles for hire, and full compliance by permittee with all of the provisions of this Ordinance, shall entitle the permittee to operate, so long as such permit is in full force and effect, such automobile or automobiles for hire -5- Od. 6;YO for the transportation of passengers over the streets of the City, provided that at all such times each such automobile shall be driven by a driver duly licensed under the provisions of this Ordinance. SECTION 7. In case the term of the insurance policy or policies required by the provisions of this Ordinance for the operation of an automobile for hire shall expire or shall be canceled, the said permit shall, by such expiration or cancel- lation, be immediately, automatically suspended until such insurance policy or policies are reinstated and are again in full force and effect, or until replaced by other insurance to the approval of the City Council, provided, that in any case where such insurance has been canceled or has expired, and has not been reinstated nor replaced with other insurance within ten (10) days after the expiration or cancellation thereof, then the permit which has been issued for the operation of such automobile or automobiles for hire covered by such insurance shall be automatically canceled, annulled and set aside. The failure to use any duly licensed automobile for hire upon the streets of the City and to have the same in active service for the reasonable convenience of the people of the said City for a period of thirty (30) continuous days shall auto- matically revoke, cancel and rescind the permit of such inactive automobile. SECTION 8. DRIVER'S PERMIT: Any person may apply to the ~~ro -~ 7~i City for a driver's permit to drive an automobile for hire, upon the streets of the City, by filing with the City Clerk of the City, upon forms to be supplied by the City, an application for a driver's permit setting forth the name and address of the applicant, and such other information as may be required or AMEMO~ ~ <D .~ ?~ deemed necessary or desirable by the City Council to enable the -6- ~J6~ Council to, ascertain whether the applicant fulfills the requirements herein set forth. . Applicant shall set forth in his application and make satisfactory proof to the City Council that the applicant " comes fully within the following qualifications: l. Applicant shall be at least eighteen (18) years ~MHlIlt.O 1:1-<1- ORO, \la. of age. 2. Applicant shall not have been convicted in the courts of any State of the United States or in any United States Court of any of the following offenses: (a) Driving a motor vehicle while under t he in- fluence 6f an intoxicant or narcotics.o Applicant shall also state what if any, offenses he has been convicted of under the .4Af(; 0,)'0 ~l'o 'It, 0. 7~y California Vehicle Code. (b) Pandering. (c) Using, possessing, selling, or transporting narcotics. " (d) Imparting knowledge for the obtaining of narcotics. (e) Assault and/or battery. (f) Any law or ordinance involving moral turpitude. (g) Violating any of the provisions of this ordinance. 3. Applicant has been photographed and fingerprinted by the Arcadia Chief of Police. 4. Applicant otherwise is a fit and proper person to be the driver of an automobile for hire, and the Chief of Police of the City shall give such applicant an examination to determine his ability to operate an automobile, and shall report his findings to the City Council. The City Council may refuse to issue any such permit, if, in the exercise of a reasonable discretion, -7- ..~-~ c~ 630 ~tYfjt~ ~ ." 1 ~~ ~H it shall determine that such applicant is not qualified to be the driver of an automobile for hire, or that public convenience and necessity do not require the granting of such permit. otherwise the Council shall direct the City Clerk to issue a driver's permit to such applicant upon the payment of a license fee of $2.00. SECTION 9. The failure of any driver duly licensed under the provisions of this Ordinance to operate an automobile for hire or to be available therefor for a period of thirty con- tinuous days shall automatically revoke, cancel and rescind the permit of such inactive driver. SECTION 10. Any permit under the provisions of this Ordinance granted to an owner to operate an automobile or automobiles for hire, or to a driver. to drive an automobile for hire, shall be in full force and effect until the holder thereof shall violate any of the provisions of this ordinance or ~~til said permit has been revoked, suspended or expires, but in no event to be for a period of more than one (1) year from the date of issuance thereof. No person holding an owner's permit which is not in full force and effect shall , allow any automobile under his ownership, management or con- trol to be used for the carrying of passengers for hire upon the streets of the City; and no person whose driver's permit has expired, or which has been revoked or suspended, shall drive, operate or be in charge of an automobile for hire. SECTION 11. If at any time it shall be brought to the attention of the City Council that the holder of an owner's or driver's permit has violated any of the provisions of this ordinance or any ordinance of the City, or any law of the State of California, in connection with the operation of any auto- mobile for hire, or has done or failed to do any act, suffered -8- GJ/l-c/ 6'0"0 or permitted any act to be done, which if done, not done or suf- fered or permitted to be done prior to the issuance of an owner's or driver's permit, no such permit could have been issued under the terms of this ordinance, or that such person's conduct in- dicates that he is not a fit and proper person to be the holder of an owner's or driver's permit hereunder, the City Council shall have power to suspend, rescind or revoke such owner's or driver! s permit. Said revocation, rescission or suspension shall be ordered only after a hearing before said Council at which hearing all interested parties may be present and opportunity afforded to present evidence on the issues presented. Such owner or driver whose permit it is sought to revoke, rescind or suspend shall have at least five (5) days written notice of the time and place of hearing the application to revoke, rescind or suspend , such permit. $uch hearing may, by the Council, be continued from time to time, and the findings and order of the City Council shall be final and conclusive in the matter. In the event of the revocation, recission or suspension of any permit issued under the authority of this ordinance, ri6 refund shall be made on any license fee paid as required by the provisions hereof. SECTION 12. No permit granted or license issued under the authority of this ordinance shall be assigned or transferred, I or in any manner authorize anyone other than the person to whom the same has been issued, to operate an automobile or auto- mobiles for hire, either as owner or driver thereof. SECTION 13. Every automobile for hire shall display in the passenger's compartment thereof, and in full view of the pas- sengers a printed notice of not less than 5-inches by 7-inches in size, which shall have printed thereon in legible print: the name of the owner of said automobile for hire, the name under which his business is operated, the business address and telephone -9- o~ 63'0 persons using such vehicle, whether said rates are determined ~",lIlOlll 'Z ~ 1; t)\I.ll.llO. by the number of passengers, the distance traveled, per mile, ~t\\ilt.\) gJ.1 ~~'3\\~) \t.llllIlEIl 1b limits of the City of Arcadia. OI~O. ~~1:/l1 ~. tJ tlP'''I).'I~f\'j. '1. Jf!!: jJ.'" ~~~ has been issued shall be operated by the owner thereof or an M,^lllOEIl M & QR\'l.llo: 'M ~4" ;{j;~ '/J !;j ~ ~~t.~~t.llbq',- or for the account of, such owner a fixed or determinable sum f\\l.\)'~~jA v ~~. U for the use of such vehicle. ~, ;.3C, dfl"~ (!. /3/J " .,),'.,J.,1l ~~ ~ , ' \) \,\0. Il~' {>< $!P,I ?> " ',j} 3"' ~" . \\0.'\ I).,)' {l. $P',\'?i number of such business, together with the rates to be charged per trip, for waiting time, or otherwise, and irrespective of whether the operations are within or extend beyond the boundary SECTION 14. Every automobile for hire for which a permit employee of such owner. No owner or driver of such automobile for hire shall enter into any contract, agreement or understand- ing between themselves by the terms of which such driver pays to, SECTION 15. Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. SECTION 16. When an automobile for hire is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment, and no owner or driver of said automobile shall solicit or carry additional passengers therein. SECTION l7. Every driver of an automobile for hire shall file, within twenty-four (24) hours thereafter, a full and complete report of any accident in which any automobile for hire being operated by said driver, is involved, whether or not said accident causes damage to person or property. SECTION 18. Any person violating any of the provisions of this ordinance and/or knowingly or intentionally misrepresenting to any city official any material fact in procuring any permit or license herein provided for, shall ~e deemed guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a -lO- u~ 6 sO fine of not more than Five Hundred ($500.00) Dollars or by im- prisonment in the County Jail of the County of Los Angeles or in the City Jail of the City of Arcadia, as the committing ma3istrate may direct, for a period of not more than six months, or by both such fine and imprisonment, in the discretion of the court. Each such person shall be deemed guilty of a separate of- fense for each and every day during any portion of which any violation of any provision of this ordinance is committed, con- tinued or permitted by such person, and shall be punishable therefor, as provided by this ordinance. SECTION 19. Ordinance number 305, adopted January 15, 1935, and all ordinances and parts of ordinances in conflict herewith " are hereby repealed, provided, that all permits to own or drive any automobile or automobile or automobiles for hire, issued under the authority of any ordinance hereby repealed, shall remain and be in full force and effect until the date of expiration in such permits specified and provided. SECTION 20. The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen (l5) days from the passage thereof shall cause the same to be pub- lished once in the Arcadia Tribune and News, a newspaper of general circulation, published and circulated in said City of Arcadia, and thirty days from and after the final passage thereof said Ordinance shall take effect and be in force. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, held on the 18th day of February, 1947, by the affirmative vote of at least three Councilmen, to wit: ~ ~ ....... ""'-.' "' 1\YE~~ o~'Cfruncilmen Adcock, Leeper, Nugent, Ormsby and Russell ~NOES: , None .~ JiliSENT : None ...:: :.-" ,... - .:.. . d,;/ ~ C:. ~~ City Clerk of the Cit~of Arcadia this 18th day of February, 1947. 01.~~ Mayor of the City of Arcadia ~ -11- (/./ . 6~() ~ ' ~ ~"- / ~-SIGNED AND APPROVED ATTE~ e'4~' City Clerk ~