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HomeMy WebLinkAbout1836 ORDINANCE NO. 1836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA REPEALING DIVISION 9 OF PART 2 OF ARTICLE VI OF THE ARCADIA MUNICIPAL CODE IN ITS ENTIRETY AND ADDING A NEW DIVISION 9 REGULATING TAXICABS AND AUTOMOBILES FOR HIRE THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Division 9 of Part 2 of Chapter 4, Article VI of the Arcadia Municipal Code is hereby repealed. SECTION 2. A new Division 9 of Part 2 of Chapter 4, Article VI (sections 6429.1 - 6429.5.12) is hereby added to the Arcadia Municipal Code to read as follows: ARTICLE VI. CHAPTER 4. PART 2. DIVISION 9. TITLE 1. BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS SPECIAL REGULATIONS COMMERCIAL ENTERPRISES TAXICABS/AUTOMOBILES FOR HIRE DEFINITIONS 6429.1. TAXICAB. Taxicab shall mean and include an automobile having a distinctive insignia and color scheme, used for the transportation of not more than five passengers for hire, excluding the driver, at rates based on the distance, direction, number of trips, waiting time or any combination thereof. 6429.1.1. AUTOMOBILE FOR HIRE. Automobile for hire, including limousines, shall mean and include every motor vehicle not equipped with a taximeter which is used to provide prearranged 1836 transportation service for a fee. No automobile for hire shall be painted a distinctive color for the purpose of identification. 6429.1.2. DRIVER. Driver shall mean and include any person in actual charge and control of any automobile for hire or taxicab. TITLE 2 LICENSE AND PERMITS 6429.2. PERMITS REQUIRED. No person shall operate or cause to be operated upon any street any taxicab or automobile for hire, unless there shall have been issued by the city an operator's permit to the operator applicant pursuant to Chapter 3 of this Article (Section 6311 et. seq.) and a drivers permit to the driver thereof pursuant to this Division, and unless each such permit shall be in full force and effect. All permits granted pursuant to this Article shall be non-transferable. 6429.2.1. LICENSE. Each permit issued by the Council shall entitle the holder thereof to obtain a license from the License Officer, upon payment of the license fee at the rate specified in subsection 6220.53, to operate each automobile for hire or taxicab as set forth and described in the permit. Such license shall be securely attached in a conspicuous location to the rear left portion of the licensed automobile for hire or taxicab at all times when said vehicle is in use. 1836 2 6429.2.2. OPERATION. The granting of a permit for the operation of an automobile for hire or taxicab, and full compliance by permittee with all the provisions of this Division, shall entitle the permittee to operate, so long as such permit is in full force and effect, such automobile for hire or taxicab for the transportation of passengers over the streets of the City, provided that at all such times each automobile shall be driven by a driver holding a valid permit under the provisions of this Division. 6429.2.3. DURATION. Any permit' issued under the provisions of Chapter 3 of this Article granted to an holder of an operator's permit to operate an automobile for hire or taxicab, or to a driver to drive said automobile, shall be in full force and effect unless the holder thereof shall violate any of the provisions of this Division or until said permit has been revoked, suspended, expires or cancelled, but in no event to be for a period beyond the calendar year of its issuance. No person holding an operator's permit which is not in full force and effect shall allow any automobile under his ownership, management or control 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, suspended or cancelled shall drive, operate or be in charge of an automobile for hire or taxicab. 3 1836 6429.2.4. INSURANCE. In case the term of the insurance policy or policies required by the provisions of this Division for the operation of an automobile for hire or taxicab shall expire or shall be canceled, such permit shall, by such expiration or cancellation, be immediately and 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 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 automobiles for hire or taxicabs covered by such insurance shall be automatically canceled, annuled and set aside. 6429.2.5. INACTIVE AUTOMOBILE. The failure to use any duly licensed automobile for hire or taxicab upon the streets of the City and to have the same in active service for the reasonable convenience of the people of the City for a period of thirty (30) days shall automatically revoke, cancel and rescind the permit applicable to such automobile. 1836 4 TITLE 3 OPERATOR'S PERMIT 6429.3. APPLICATION. The application for a permit to operate an automobile for hire or taxicab upon the streets of the City shall be upon forms to be supplied by the City and shall contain the following information: (1) Name, age, business address, residence address and citizenship status of the applicant; or if a corporation, its name, date and location of incorporation, residence address of each of its officers; or if a partnership, association of unincorporated company, the names of the partners, or the persons comprising the association or company, with the place of business and residence of each such partner of persons; (2) The address to which notice, when required, is to be sent or mailed; (3) Whether applicant was previously engaged in the business for which a permit is requested, and if so, the location and length of time thereof; (4) If applicant is a corporation, a copy of the articles of incorporation shall be attached to the application; if a partnership or association, a copy of the partnership or association agreement; (5) The number of taxicabs or automobiles for hire to be used in the business of the applicant, and the following information concerning each automobile: copy of insurance certificate in accordance with subsection 6429.3.4, make, model, 1836 5 year, motor number, passenger capacity, state license number, mileage, and detailed statement of condition of tires, brakes, body, upholstery and drivetrain; (6) Current validated registration card for all automobiles for hire and taxicabs that will operate under the operator's permit; (7) A schedule of rates or fares to be charges for carrying passengers; (8) A verified financial statement of the applicant; (9) Whether or not any permit has been revoked, suspended or canceled, and if so, the circumstances of such revocation, suspension or cancellation; (10) Such further information as the Council, or such offical of the City to whom the application may be referred, may require. 6429.3.1. REQUIREMENTS. No operator's permit for the operation of an automobile for hire or taxicab shall be granted or authorized to be issued, until the Council determines that the facts and acts specified in the following subsections exist and have been performed, or that they will exist and will be performed before the privi1edge sought shall be exercised. 6429.3.2. PUBLIC CONVENIENCE. Public convenience and necessity require the operation of said automobile for hire or taxicab as set forth in said application. The declaration of public convenience and necessity shall not be necessary for: 6 1836 (1) 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 originally granted in accordance with the provisions of this Article, and; (2) limousines as determined by Council upon a showing that the proposed service does not have the characteristics of a taxicab service. The Council in declaring whether or not public convenience and necessity exist, may take into consideration all facts as it may deem pertinent and proper, which facts shall include a specific finding that the following conditions exist: (1) That applicant is financially responsible. (2) That persons holding permits for the operation of automobiles for hire and taxicabs are, under efficient management, earning a fair and reasonable rate on their capital devoted to such service. (3) That persons holding existing permits for the operation of automobiles for hire and taxicabs are, under normal conditions, inadequately serving the public. (4) The applicant is capable of providing safe and prompt taxicab service, 24 hours daily. (5) The applicant has presented evidence sufficient to justify operation of a specified number of taxicabs or automobiles for hire in the City of Arcadia. 7 1836 6429.3.3. COLOR SCHEME RESTRICTIONS. The color scheme, name, monogram or insignia to be used upon any taxicab of the applicant must not conflict with, imitate any color scheme, name, monogram or insignia used by another person in such manner as to be misleading, or tend to deceive or defraud the public, or that a color scheme, name, monogram or insignia has therefore been designated for the applicant. The name and monogram or insignia must be permanently attached to the taxicab or automobile for hire. 6429.3.4. INSURANCE. As a prere~uisite for required permits the following shall be provided: A policy of insurance or certificate evidencing issuance of a policy of insurance in a solvent and responsible insurance company, insuring the owner of such vehicle against loss by reason of injury or damage that may result to persons 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 taxicab or automobile for hire being so operated shall be $350,000 for bodily injury and for property damage combined for each accident. 6429.3.5. CANCELLATION. The holder of an operator's permit must file an endorsement 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 Clerk, 1836 8 shall have a fifteen (15) day written notice to the time when such cancellation shall become effective. 6429.3.6. AUTOMOBILE INSPECTION. Prior to the issuance or renewal of any operator's permit and prior to the approval of any vehicle substitution as defined in 6429.3.8 and any additional vehicles as defined in 6429.3.9, the Police through the Police Chief designee shall examine every automobile for hire or taxicab listed on an application for an operator's permit. The Police may in their discretion refuse to approve a vehicle or may condition their approval, if necessary. Any taxicab or automobile for hire shall at all times be subject to an inspection by any police officer or other inspector of the City as authorized by the City Manager and/or Council to determine the general condition of the vehicles. 6429.3.7. COMPLIANCE. The applicant has in all respects fully complied with all provisions of this Code and with all laws of the State. 6429.3.8. VEHICLE SUBSTITUTION. The holder of an operator's permit may not substitute any automobile listed on the operator's permit in the place and stead of each licensed automobile the use of which has been discontinued, until making application to do so and by securing the approval of the Council. Before granting such approval the applicant shall fully comply with the provisions of subsections 6429.2.3 and 6429.3.4. Upon the 1836 9 granting of such application, the Clerk shall endorse a memorandum of each substitution upon the original operator's permit, and also upon the license issued to the automobile the use of which has been discontinued, and shall notify the License Officer of such substitution and endorsement. For each such substitution such permit holder shall pay to the City a fee of Twenty five dollars ($25.00). 6429.3.9. ADDITIONAL VEHICLES. A holder of an operator's permit for the operation of an automobile for hire or taxicab desiring to operate additional motor vehci1es of the same type and classification shall file an application therefore with the Business License Officer. The application shall set forth the information as required by this article. The Council may issue a permit to operate such additional motor vehicles. 6429.3.10. BUSINESS TELEPHONE. Any operator to whom a permit specified in this Division has been issued shall maintain a listed telephone number at his place of business for which calls originating from Arcadia would be charged as local calls. 6429.3.11. ,DENIAL AND REVOCATION, SUSPENSION OR CANCELLATION. All permits issued hereunder are subject to suspension and revocation pursuant to Arcadia Municipal Code Sections (AMC) 6314, 6314.1 et. seq. and AMC 1501, and the notice and hearing requirements of AMC 6216.8. 1836 1 0 TITLE 4 DRIVER'S PERMIT 6429.4. APPLICATION. Any person may apply to the City for a driver's permit to drive a taxicab or automobile for hire for any holder of a valid operator's permit upon the streets of the City, by filing with the License Officer, upon forms to be supplied by the City, an application for a driver's permit setting forth the following information: (1) Name, home address, home telephone number, business address, business telephone number of the applicant. (2) Past experience as a taxicab or automobile for hire driver. (3) Proof that applicant holds a current, valid driver's license of the appropriate class issued pursuant to the California Vehicle Code, and any other taxicab or automobile for hire driver's license or permits held by the applicant. (4) Name and address of the owner of the vehicle which he shall use. Such owner shall endorse the application. (5) Where applicable, a description of the taxicab or automobile for hire to be driven. (6) A policy of insurance for the taxicab or automobile for hire to be driven by the applicant. (7) Duplicate, recent photographs. (8) Affiliation with a taxicab or automobile for hire operator, if any. 1 1 1836 (9) Any such other information as may be required or deemed necessary or desirable by the License Officer to enable him to ascertain whether the applicant fulfills the requirements herein set forth. (10) Name and address of holder of an operator's permit under which the driver will operate said vehicle. Such holder of the operator's permit shall endorse the application. 6429.4.1. QUALIFICATIONS. The applicant shall set forth in his application and make satisfactory proof to the License Officer that he fully meets the following qualifications: (1) Applicant shall be at least eighteen (18) years 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 the influence of an intoxicant or narcotic. Applicant shall also state what, if any, offenses he has been convicted of under the California Vehicle Code. (b) Pandering. (c) Using, possessing, selling or transporting narcotics. (d) Imparting knowledge for the obtaining of narcotics. (e) Assault or battery, or assault and battery. (f) Violating any law or ordinance involving moral turpitude. 1 2 1836 (g) Violating any of the provisions of this Division. (3) Applicant has been fingerprinted by the Chief of Police. (4) Applicant otherwise is a fit and proper person to be the driver of an automobile for hire or taxicab. 6429.4.2. ISSUING. The License Officer may refuse to issue any such permit if, in the exercise of reasonable discretion, he shall determine that such applicant is not qualified to be the driver of an automobile for hire or taxicab. Otherwise the License Officer shall issue a driver's permit to such applicant upon payment of a license fee 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 owner of the vehicle which the driver shall use. Each driver's permit shall be displayed conspicuously in the vehicle by the driver. 6429.4.3. REVOCATION AND SUSPENSION. The failure of any driver to meet the requirements of Arcadia Municipal Code (AMC) Section 6429.3.1. or to commit any act or acts in violation of said section; or AMC Section 1501 shall authorize suspension or revocation of the driver's permit, subject to the notice and hearing requirements of AMC 6216.8. 1836 13 TITLE 5 RATES AND REGULATIONS 6429.5. SCHEDULE OF FARES. The operator of every automobile for hire and taxicab licensed in the City shall file with their application for an operator's permit a true and correct schedule of fares to be charged for the transportation of passengers in any and all vehicles operated under such permit, and such operator shall not charge or amend said fares in any manner without first filing said charges or amended fares with the City Clerk thirty (30) days prior to the effective date of such change or amendment. No person shall charge, collect or receive any other or different compensation for the use of such automobile for hire or taxicab than that specified in the schedule of fares ,on file with the City Clerk and at the time in effect. 6429.5.1. TAXIMETERS. No holder of an operator's permit or driver operating any taxicab shall operate such automobile in the City unless it is equipped with a taximeter of such type and design as may be approved by the Council. The holder of an operator's permit of such taxicab shall keep such meter accurate at all times. Such meter shall be subject to inspection from time to time. The City Manager or his duly authorized agent or any police officer of the City is authorized at his insistance or upon the complaint of any person, to investigate such taximeter and upon discovery of any inaccuracy of such taximeter, to remove or cause to be removed from service any such vehicle equipped 1 4 1836 with such taximeter until such taximeter shall have been repaired and correctly adjusted. 6429.5.2. LEGIBILITY~ The charge for any service to all patrons of a taxicab shall be calculated and indicated by a taximeter and all taximeters shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernable by the passenger riding in such automobile. 6429.5.3. FLAG REQUIRED. No driver of any taxicab shall display the "flag" attached to the taximeter in the II' It .. l.n use posl.tl.on until the passenger has entered the taxicab, except in the case of a request for a taxicab at a specified time and location in which case the "flag" may be placed in the "in use" position at the time and location requested by the customer, or at any time thereafter, after the driver has personally contacted said customer. No driver, while carrying passengers, shall display the "flag" in such position as to denote that such vehicle is not employed, or to fail to place the "flag" in the "home" or "for hire" position at the termination of each and every service. 6429.5.4. ISSUANCE OF RECEIPTS. No operator of any taxicab, upon receiving payment of a fare as indicated by the taximeter theron, shall refuse to give a receipt upon the request of any person making said payment. Said receipt shall indicate the amount of the fare, the date, the initial location, and the desitnation of the trip, the taxicab number and name of driver. 15 1836 6429.5.5. POSTED INFORMATION. Irrespective of whether the operations are within or extend beyond limits of the City, every automobile for hire and taxicab shall display in the passenger's compartment thereof and in full view of the passengers a printed notice of not less than five inches by seven inches (5" x 7") in size, which shall have printed thereon in legible print: (1) The name of the holder of the operator's permit for which the vehicle is being operated under. (2) The name of the owner of said automobile. (3) The name under which his business is operated. (4) The business address and telephone number of such business. (5) The rates to be charged persons using such vehicle, and whether said rates are determined by the number of passengers, the distance travelled, per mile, per trip, for waiting time, or otherwise. 6429.5.6. TAXICABS. HOW MAY BE HIRED. The services of a taxicab operating pursuant to any permit granted under the provisions of this Chapter shall be available only upon telephone call, engagement of the taxicab when parked at a regular stand or when hailed from the street, sidewalk or curb, but not otherwise. No taxicab driver, holder of an operator's permit, or his agent shall solicit passengers from or about the vehicle, except thrQugh written and posted advertising. 1 6 1836 6429.5.7. AUTOMOBILES FOR HIRE. HOW MAY BE HIRED. The services of an automobile for hire operating pursuant to any permit granted under the provisions of the Article shall be available only upon telephone call or upon engagement at the public or private garage from which such vehicle is operated. No person shall cruise or cause to be cruised any automobile for hire. An automobile for hire shall be deemed to be cruising when it solicits or takes on any passenger other than in response to an order given at its business office, or in response to a telephone call requesting transportation. 6429.5.8. UNNECESSARY PARKING. No driver of a taxicab or automobile for hire shall park or stand the same upon any public highway in the City any period of time longer than is necessary to discharge or receive passengers then occupying or then waiting for such vehicle. 6429.5.9. TAXICAB SERVICE. All persons engaged in the taxicab business in the City operating under the provisions of this Article shall render an overall service to the public desiring to use taxicabs and shall keep open 24 hours a day for the purpose of receiving orders and dispatching vehicles. The holder of any permit who refuses to accept a call anywhere within the corporate limits of the City at any time when such holder of an operator's permit has available vehicles or who fails or refuses to give service without reasonable cause relating to the health, safety, or welfare of the driver, shall be deemed to be in violation of 1 7 1836 the provisions of this Article and his operator's permit shall be subject to revocation. 6429.5.10. SHORTEST ROUTE REQUIRED. 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. 6429.5.11. EXCLUSIVE USE. When an automobile for hire or taxicab is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment, and no driver of said automobile shall solicit or carry additional passengers therein. 6429.5.12. MISREPRESENTATION. No person shall knowingly or intentionally misrepresent to any city official any material fact in procuring any permit or license herein provided for. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 3rd day of June ,1986. 18 1836 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA SS: I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1836 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 3rd day of June , 1986, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmen Chandler, Gi1b, Harbicht, Lojeski and Young NOES: None " ABSENT: None City Clerk of the City of Arcadia -./." .~ 1836 1 9