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VI of the Arcadia Municipal Code is hereby repealed.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