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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
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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.
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(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.
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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
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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 ............................. .$5,000.00,
provided, further, that the owner has filed an endor-
sement of said insurance policy or policies with the
City Clerk wherein it is provided that the same shall
not be canceled by the insurer until the City, by
service on the City Clerk, shall have written notice
at least ten days i~mediately prior to the time when
such canceling shall become effective.
3. That the Chief of Police of the City, whose duty it
shall be to do so, has made or. caused an examination
to be made of the automobile or automobiles described
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in said application and to be used for hire, and
reports in writing to the City Council that such
automobile or automobiles is or are in all respects
in good running order, and adequate to secure the
safety of passengers.
4. That applicant has in all respects fully complied
with all laws of the state and ordinances of the City.
SECTION 5. Each permit issued by the City Council shall
entitle the holder thereof to obtain a license from the City
Clerk upon the payment of the license fee, at the rate of Twelve
Dollars ($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.
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~~~. 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
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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
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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
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deemed necessary or desirable by the City Council to enable the
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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
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comes fully within the following qualifications:
l. Applicant shall be at least eighteen (18) years
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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
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California Vehicle Code.
(b) Pandering.
(c) Using, possessing, selling, or transporting
narcotics.
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(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,
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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
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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
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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
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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,
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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
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persons using such vehicle, whether said rates are determined
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t)\I.ll.llO. by the number of passengers, the distance traveled, per mile,
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\t.llllIlEIl 1b limits of the City of Arcadia.
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~~~ has been issued shall be operated by the owner thereof or an
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~~t.~~t.llbq',- or for the account of, such owner a fixed or determinable sum
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v ~~. U for the use of such vehicle.
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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
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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
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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:
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1\YE~~ o~'Cfruncilmen Adcock, Leeper, Nugent, Ormsby and Russell
~NOES: , None
.~ JiliSENT : None
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City Clerk of the Cit~of Arcadia
this 18th day of February, 1947.
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Mayor of the City of Arcadia ~
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~-SIGNED AND APPROVED
ATTE~ e'4~'
City Clerk ~