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HomeMy WebLinkAboutORD 769 (1978) ORDINANCE NO. 769 AN ORDINANCE OF THE CITY COUNCIL, CITY OF TUSTIN, CALIFORNIA, AMENDING TIIE TUSTIN CITY CODE RELATIVE TO THE REGULATION OF TAXICABS, AMBULANCES AND TOW TRUCKS. The City Council of the City of Tustin, California, ordains that the following portions of Chapter 4 of the Tustin City Code be amended as hereinafter set forth: (PART 1 TAXICABS) 1. Section 3~2 b is hereby amended to read as follows: i io r y Application for permits required by Section 341~ shall be made upon forms provided by City, shall be verified, shall be-accompanied by the fee prescribed by the City Council and shall. con~ain:- (1) The name, age, business and residence addresses of applicant, if a natural person; or if a corpor-~t'~'~n, its name, date and place of incorporat~ address of its principal officers, together wit): the:.7~ respective residence addresses; or if a partnet-ship association or unincorpora~ed company, the names of the~ partners or of the persons comprising such association or company, and the business and residence of each partner or person. (2) A description of each taxicab which the applicant proposes to use, the name of the manufact~ engine and serial nun~3ers, and state license number the. reef. (3) The name, monogram or insignia propos-~-d tO be used on such taxicab or taxicabs. (4) The schedule of rates of fare proposed be charged for carrying passengers in such taxicab or taxicabs- (5) The s-kreet number and exact location of the place 6r pl. aces where the applicank proposes to stand each taxicab- (6) If the applicant desires a taxicab stand' upon a public highway or street within the City of Tustin, he shall so state in his application, and shall set forth the names and respective addresses of all lessees, sublessees and owners in actual or constructive possession of the ground floor of any ° building or parcel of real property continguous to that portion of highway or street where such taxicab stand is proposed to be located; the applicant shall also accompany said application with the written consent of all of said lessees, sublessees and owners of said building or parcel of real property to the location of such taxicab at the proposed location. The signatures of such lessees, sublessees and owners shall be acknowledged before a duly commissioned notary public. (7) A sworn financial statement of the appli- cant prepared by a certified public accountant with audit if an individual or corporation or, if an asso- ciation or partnership, a sworn financial statement of each Of the persons financially interested in the business; a statement as to whether or not the appli- cant or any of the persons herein mentioned has any unpaid ~udgments standing against him, and if so, the nature of the transaction or acts giving rise to such judgments, the court in which the same were rendered, and the amount of each unpaid or unbonded judgment; a statement of any bankruptcies either personal or business of the applicant including the number, cour~ and the date of discharge. (8) The experience of the applicant, both in the City of Tustin and elsewhere, in the operation of ambulances, motorbuses, or taxicabs or other common carriers for the transportation of passengers. (9) The facts which applicant believes tend to establish that public convenience and necessity require the gran~in9 of a certificate. (10) Whether or not the applicant for such cer- tificate of public convenience and necessity, any of the members, officers, or directors of applicant there- of has, at any time within five (5) years prior to the date of such application been arrested, convicted or pleaded guilty to any crime, felony or misdemeanor and, if so, the-date, nature of the offense or arrest and the court in which such charge was made, conviction was obtained o~ plea of guilty was entered, and the disposition of the case and imposition of sentence and its terms. (11). Whether there are any liens, mortgages, or other encumbrances, including but not limited to conditional sales contracts, on such taxicabs and, if so, the amount and character thereof and the name of the holder thereof. (12) The applicant shall furnish such additional information as the License and Permit Board may re- quire. (13) 'The applicant or applicants shall appear personally before the License and Permit Board if he, she or they be individuals, and the officers of such applicant shall so appear personally if the applicant be a corporation. (Ord. Noo 631, Sect. 21.030)" Section 3412 d is hereby amended to read as follows: "SECTION 3412 TAXICABS AND STANDS .~ d Criteria for Approval of Permit and 'Rates Z Upon receipt of any such application referred to ~ in Section 3412c hereof, the License and Permit Board 4 shall make investigation, and may thereafter grant the 5 same if it shall find: 8 (1) That the bond or policy of insurance herein- ~ after required has been furnished, and that the same is 8 in the form required, and that the surety thereon is 9 approved by the License and Permit Board; and 10 (2) That each taxicab described therein is ade- 11 quate and safe for the purpose for which it is to be 1Z used, and is equipped as herein required; and 15 (3) That the applicant is of good moral charac- 14 ter, has complied with all the terms and conditions of 15 this Part and is competent to operate a taxicab busi- 16 ness; and 17 (4) That the public convenience or necessity 18 require the operation of such taxicab or taxicabs with- 19 in the City of Tustin; and ~0 (5) That the name, monogram or insignia to be ~1 used upon such taxicab or taxicabs is not in conflict ~2 with and does not imitate any other name, monogram ~ or insignia used by any other person, firm or corpora- ~4 tion heretofore licensed by said License and Permit ~5 Board, in such manner as to be misleading or tend to ~6 deceive or defraud the public.; and ~7 (6) In case of an application for a taxicab ~ stand, that the location of said stand is such that it Z9 will not congest or interefere with travel on any 30 public highway or street, and is not prohibited by any 31 ordinance of the City of Tustin. 32 (7) That the schedule of rates of fare proposed to be charged are fair and reasonable. The granting of said permit shall constitute the approval of the License and Permi~ Board of the propose~ schedule of rates. (Ord. No. 631, Sec. 21.040)" Section 3412 g is hereby amended to read as follows:- "SECTION 3412 TAXICABS AND STANDS g Criteria and Procedure for Revocation Any 'permit granted pursuant to the provisions of this Part may be revoked by the'License and Permit Board for violation of the provisions of this Part, or of any other ordinance of the City of Tustin, or of. any law of the State of California, or for the exist- ence of any state of facts which would have been a good reason for denying such permit when applied for, whether such state of facts existed a~ thetime appl'ication was made for such permit or not~ No Permit shall be revoked except in the following manner: (1) The License and Permit Board shall fix a time and place for the hearing of the issue of the re- vocation of such permit and shall cause there to be served upon the permittee notice of such time and place of hearing, together with a statement of charges which are the basis for such hearing, at least ten (10) days before the time fixed for such hearing. (2) Service of such notice and statement may be made upon the permittee personally or may serve the same upon permittee by delivering the same by Registere~ United States Mail, postage prepaid, to permittee, at the address given in his application for permit. (3) Such hearing shall be public and permittee shall have the right to produce witnesses on his own behalf and to be represented by an attorney. (4) The findings and decision of the License and Permit Board upon Such hearing shall be final and conclusive. (Ord. No. 631, Sec. 21.050)" h Issuance of Permit After Revocation" Section 3413 a is hereby amended'to read as follows: "SECTION 3413 TAXICAB REQUIREmeNTS a Bond or Insurance · It shall be unlawful for any owner or driver of a taxicab to drive or operate a taxicab within the City of Tustin and no permit for the operation thereof shall be granted, unless there is on file with the City Clerk of the City of Tustin and in full force and effect at all times while ~uch taxicab is being operated, either: - (1) A bond of the owner of such taxicab, approved by the License and Permit Board and the City Attorney with a solvent and responsible surety company authorized to do business in'the State of California and approved by the City Attorney~ as surety in the sum of Three Hundred Thousand Dollars, conditioned that said owner will pay all loss or damage-that may result · to persons (including passengers in said taxicab) or property from the negligen~ operation of such taxicab or from the violation of the provisions of this Part or of any other ordinance of the City of Tustin or any law of the State of California. Recovery on said' bond shall be limited to One Hundred Thousand Dollars for the injury or death of one person, and to Three Hundred Thousand Dollars ~or the injury or death of two or more persons in the same accident, and to Fifty Thousand Dollars for injury or destruction of property. Such 6. bond shall run to the City of Tus~in and ~hall inure by its terms to the benefit to any and all persons suf- fering loss or damage covered hereb.v, and shall provide that suit may be brought thereon in any court of compe. tent jurisdiction by any such person. Said bond shall provide that there shall be a continuing l~ability thereon, notwithstanding any recovery thereon. If at any time in the judgment of the City Council, said bond is.not sufficient for any reason, the License and Per- mit Board may require such owner to replace said bond wit~ another bond or a policy of'insurance as hereinaft provided, satisfactory to the' License and Permit Board, ~nd in default thereof, may revoke such owner's permits and licenses; or (2) A policy of ins~rance. approved by the License and Permit Board in a solvent and responsible company authorized to do business in the State of California insuring the owner of such taxicab against loss bY reason of injury .or'damage'tha~.may result to persons (including passengers in said taxicab) or pr0per'ty from the negligent operation of such taxicab. Said policy may be limited to One Hundred Thousand Dollars for the injury or death of one person, and Three Hundred Thou-' sand Dollars for the injury or death of two or more persons in the same accident and to Fifty Thousand Dollars for injury or destruction of property. Said policy of insurance shall guarantee the payment to any and all such persons suffering injury or damage to per-~- son or property, and to those entitled to recover for _ the death of any such person of any final judgment rendered against'suCh owner, within the limits above men~i~,n~d, irrespective of the financial condition any ~ actions or omissions of such owner, and shall inure- 2 to the benefit of such persons and those entitled to ~ recover for the death of any such person. If, at any ~ ~ time, such policy of insurance shall be cancelled by the 5 ~omp~--~- is~' ~ t~~ ~- or the authority of such com- ' State'of California shall ~ b~.~ of the Licensc and Permit i?=~. ~ ..... ~ ~,~ny ~s ~nsoJ. vent, the License and Per~ 9 Board shall require said owner to replace such policy 10 with another policy or bond as above provided, satiSfac- 11 tory ~o the License and Permit Board and default thereof 1Z may revoke such owner's permit an~ license. (Ord. No. 15 631, Sec. 21.090)" 14 5. Section 3413 j (3) is hereby amended to read as follows: 15 "SECTION 3413 TAXICAB REQUIREMENTS ~6 j Vehicle Identification, Condition and.Equipment 1~ It shall be unlawful for any person to drive, or 18 for any owner to permit to be driven or operated, any 19 taxicab within the City of Tustin without a current Z0 valid inspection permit of the City affixed thereon, or ~1 while the same or any of the equipment used thereon or ~ therewith shall be in a defective, unsafe or unsanitary ~5 condition." ~4 6. Section 3413 j (4) is hereby amended to read as follows: ~5 "SECTION 3413 TAXICAB REQUIRE~ENTS 26 j Vehicle Idenhification, Condition and Equipment ~ (4) Mechanical Condition i~ 28 The Police Department shall examine and inspect ~9~ each vehicle regulated by 'this Part to determine that it equipment, including lights, brakes, tires and mechani- cal parts are in 'a good state of repair and otherwise not defective, and upon such inspection shall issue a 1 permit for each such vehicle. The Chief of Police 2 shall prescribe the dates and time for inspection of ~ taxicabs and it shall be the duty and responsibility 4 of each.permittee to see that all of his taxicabs are 5 presented for inspection at the time and date so' 6 specified " ~'~ ~ Inspection permits shall be valid for one.y~'ar "' 8 unless sooner revoked upon a subsequent determination 9 of unsatisfactory condition. An inspection fee shall 10 be charged in an amount prescribed by Resolution of the 11 City Council of the City of Tustin." 1~ 7. Section 3415 is hereby amended to read as follows: 15 "SECTION 3415 DRIVER'S PERMIT '14 a Driver's Permit Required 15 , It shall be unlawful for any driver to operate 16 --'--.~.'~'.taxicab within ~he City without a valid permit.6btain~] 17 in compliance with this section. 18 Every driver's permit issued hereunder shall con- 19 'tain the following: ~0 (1) Name of company for whom the driver is autho- ~1 rized to operate a taxicab; ~ (2) Name, age, weight, height and color of hair ~5 of the driver; ~4 (3) Photograph of driver. ~5 Said permit shall be signed by the Chief of Polic~/. 26 (Ord. No. 631, Sec. 21o350)" ~7 b A~plication for Driver's Permit ~8 Application for such driver's permit shall be ~9 made to the Chief of Police in the form prescribed by 50 the Chief of Poli~e. The application shall be in 5! writing, shall be accompanied by a fee as prescribed 5~ by Resolution of the City Council, and an additional ~ fee to pay the fingerprinting cost imposed by the State Z of'California, and shall'cOntain the following: ~ (1) Name, age, citizenship, address and telephone 4 number of applicant; 5 (2) Four (4) photographs of applicant of a suit- 6 able size, type and reprodUction-satisfactory to the ~ Chief of Police; 8 (3) Past experience as a driver, including the 9 names and addresses of his employer during the preceding 10 three (3) years; 11 (4) Description of driver's license, which shall 1Z be furnished for examination; 13 (5) Whether any operator's license of either this 14 State or any other has ever been revoked or suspended; 15 (6) Name and address of applicant's intended "' 16 employer; 17 (7) Whether the applicant'has been arrested and 18 the disposition of such arrests, other than traffic ci- 19 tations. ~0 The applicaton must be verified by the applicant ~1 and endorsed by such employer. The willful statement ~ or furnishing of false information upon said application Z3 shall be grounds for denial of said permit as provided ~4 for herein. (Ord. No. 631, Sec. 21.360)" ~5 c Issuance of Permit ~6 Upon application for a driver's permit and before ~ it shall be issued, the applicant shall be fingerprinted ~' Z8 and a record thereof filed in the Police Department. No ~9 permanent license shall be granted for a period of two D~ (2) weeks subsequent to the date of said application; 51 however, the Chief of Police is hereby empowered to 52 issue a temporary driver's permit. The fee sh~l~ be 10. retained for the driver's permit, if granted, and - for cost of examination if not granted. The driver's permit shall be posted in a place conspicuous from-the passenger compartmen~ of the taxicab while said driver operates same. It is the responsibility of the cab company to provide and place a ho'lder for said permit. (Ord. No. 631, Sec. 21,370)" d Denial or Termination of Permit The Chief of Police shall deny application for a permit, or having issued a permit, shall revoke or suspend the same, upon determination of any' of the. following applied to the driver: (1) Under the age of 18 years; (2) Who has been convicted of a felony; (3) Who, within a period of two (2) years immed- iately preceding such application, has been convicte~ reckless driving or any provisions of the Alcoholic Beverage Control Act, California Penal Code, California Vehicle Code, or any other code, which is directly concerned with the operation of a motor vehicle while under the influence of alcholic beverage or drug, or combination of alcohol and drug: (4) Who has physical impairments, handicaps or deficiencies of such nature as to interfere with sa~ driver's ability to compent~ntly'perform the dutie~ his e~ployment, or to operate such'vehicle safely; (5) Who is not of good moral character; (6) Who is not able to speak the English languai sufficiently to deal with customers; (7) Who does not hold a valid operator's license i~u~] by the Motor Vehicle Department of the State California; 11. 1 (8) Who falsifies the application of said permit. Z (Ord. No~ 691) ~ A driver's permit shall remain valid indefinitely, 4 provided that its validity shall expire upon the driver 5 terminating his employment with the employer for whom 6 the permit was issued and may be terminated by revocatior ~ by the Chief of Police for cause'in this Part otherwise 8 provided. 9 e Lists of Drivers 10 Each taxicab company shall furnish to the Chief 11 of Police by the tenth (10th) day of each'month a list 1Z of its currently employed drivers." l~ PART 2 k~.~BULANCES 14 8. Section 3422 a is hereby amended to read' as follows: 15 "SECTION 3422 CERTIFICATE OF PUBLIC CONVENIENCE AND 16 NECESSITY 17 a Certificate Required 18 No person shall operate any ambulance or offer 19 to provide ambulance service on the streets of the 20 City without first having obtained a permit in accord- ance with the requirements of this Part. ~ The requirements of this Part shall not apply to: 25 (1) AmbUlance service provided by any govern- ~4 mental agency; 25 (2) Ambulance operators who do not have an office 26 within the City, and whose activities within the City ~7 are limited to transporting patients from locations ~8 outside the City to locations within the City; 29 (3) Ambulance operators who are rendering assis- ~ tance in the case of a major catastrophe or e~fgency ~'1 which the licensed ambulance operators of the City of ~ Tustin are inadequate to handle." 12. ~ 9. Section 3422 b is hereby amended to read as follows: ~ "SECTION 3422 CERTIFICATE OF PUBLIC CONVENIENCE AND ~ NECESSITY ...... 4 b ApplicatiOn for Certificate 5 Applications for a permit to operate an ambulance ~ 6 service shall be filed with the License and Permit Board upon forms provided by City, shall be verified and shall 8 ~.!,. contain: (1) The n~me, business a~dresS a~d business tele- 10 phone number of the applicant: 11 (2) If the applicant proposes to conduct 1Z business under a fictitious name, the application shall 15 state the name, address and telephone number of each person owning a financial interest in the business. 15 (3) The name, address and telephone number of the 16 person,.or personS, whO'..~ill'have'-g~ne~al management re~ 17 sponsibility for the applicant's business; 18 (4) A financial statement prepared by a certified 19 public accountant showing the financial status of the Z0 applicant during the past two years preceding the application; (5) A statement of the experience of the princi- pals in the business of operating an ambulance service; (6) The year of manufacture, make, model, motor number, State license number and patient capacity of eack ambulance which the applicant proposes to use in the Z7 operation of its business; (7) The addresses and a description of the Z9 facilities at each fixed location within the City which applicant proposes to use in connection with its opera- 51 tions; (8) Any facts which the applicant believes tend 13. to prove that the public convenience and necessity requires the granting of a permit to the applicant; (9) A complete schedule of fees which the applicant proposes to charge for its services;. (10) A description of the color scheme, monogram, advertising or other distinguishing characteristics to be used to designate the applicant's ambulances; (11) Such other information as the License and Permit Board may reasonably require." 10. Section 3422 e is hereby amended to read as follows: "SECTION 3422 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY e Issuance of Certificate After consideration of all evidence which it deems relevant, at the public hearing, ~he License and Permit Board shall determine whether to issue or deny the re- quested certificate of public convenience and necessity. In reaching a decision, the License and Permit Board shall consider the following factors. (1) Whether the applicant is qualified on the basis of moral character, experience in the ambulance business, and financial responsibility; (2) Whether the number of ambulances already operating with the City is adequate to meet the public need; (3) The probable effect that approval of the application would have on the level and quality o~ ser- vice available to the public; (4) Whether the facilities, personnel and equip- ment which the applicant proposes to use are adequate." 11. Section 3422 h is hereby amended ~o read as follows: "SECTION 3422 CERTIFICATE OF PU~I~C CONVENIENCE AND NECESSITY h Grounds for Revocation Any certificate or permit granted pursuant to'the provisions of this Part may be revoked by the License and Permit Board either in whole or in part, after 5 days' prior written notice.to the' certificate or permit holder, directing him to appear at a certain time and place to show cause why the certificate should not be revoked, on any of the following grounds: (1) That the certificate holder has not filed adequate evidence of liability insurance coverage with the City Clerk, or has allowed its insurance coverage to lapse or be cancelled; (2) For the violation of any rule, regulation or condition set forth in or authorized by this Part, or made a condition of the certificate of public convenie~ and necessity; (3) For the violation of any laws of the State or City with respect to the operation of the business by any certificate holder, or repeated violations by employees or the certificate holder; (4) For failure to maintain satisfactory service to the public, or for failure to keep any ambulance in a safe and sanitary condition, or for deviation from the schedule of rates approved by the License and Permi~ Board." 12o Section 3423 f is hereby amended to read as follows: "SECTION 3423 GENERAL REQUIREMENTS OF OPERATION f Standards for Ambulance Equipment (1) Each ambulance shall have a current valid inspection approval by the California Highway Patrol, or a current valid inspection permit o£ City. Such i inspection approval or City inspection permit by City, Z the Police Department shall examine and inspect the ~ vehicle to determine that its equipment, including 4 lights,. brakes, tires and mechanical parts are in good 5 state of repair, free from obvious defects, and not 6 otherwise defective. City' inspection permit shall be 7 valid for one (1) year. A fee for inspection shall be 8 charged in an amount prescribed by a Resolution of the 9 City Council. 10 (2) Each ambulance shall be equipped with a two-way radio and such equipment as the License and Permit Board shall determin-e to be adequate for dressing 13 wounds, splinting fractures, controlling hemorrhaging 14 and providing oxygen. !5 (3) The License and Permit Board shall have the' 16 authority to make rules and regulations not inconsistent 17 with this Part concerning standards for required equip- 18 ment in ambulances. Prior to adoption of such rules and 19 regulations by the License and Permit Board, the holders ~0 of all certificates of public convenience and necessity ~I for the operation of ambulance services shall be fur- ~2 nished with a copy of the proposed rules and regulations, 23 and shall be advised in writing by the United States mail ~4 of the time and place at which the License and Permit 25 Board will hold a public hearing to consider the adoptio~ ~6 of said rules, at least ten (10) days prior to the date ~7 of said public hearing. Following adoption by the ~8 License and Permit Board said rules and regulations shall ~9 be filed with the City Clerk and shall constitute c~- 5~ forceable provisions of this Part. In determining the ~1 adequacy of equipment, the Chief of Police shall take ~ into cohsideration the current list of minimal equipment 16. ~ for ambulances adopted by the American Colleg~ cf . 2 Surgeon or its ~.uly authorized Committee on Trauma. ~ Each holder of an ambulance operator's permit shall com- 4 ply with such regulations as may be adopted by the 5 License and Permit Board." 6 13. Section 3424 is hereby amended to read as follows: ~ "SECTION 3424 PERMIT FOR DRIVERS AND' ATTENDANTS 8 a Permit for Drivers and Attendants Required · 9 (1) It shall be unlawful for any person to drive 10 or serve as an attendant of an ambulance subject to the 11 requfrements of this Part without a valid permit obtain- 1~ ed in compliance with the section. 13 (2) No person shall operate an ambulance for hire 14 ' unless he shall hold a valid chauffeur's license and an 15 ambulance driving certificate issued'by the DepartmenU 16 of Motor Vehicles- 17 b Application for Driver's and Attendant's Permit_. ~ 18 An applicant for an ambulance driver's or ambulanc~ 19 attendant's permit shall file his application with the Z0 Chief of Police on forms furnished by City together with] Zl an application fee as prescribed by Resolution of the 2~ City Council and an additional fee to pay the finger- ~5 printing cost imposed by the State of California,'and 24 shall contain the following: 25 (1) Name, age, citizenship, address and teteph~-~l' 26 number of applicant; Z7 (2) Four (4) photographs of applicant of a suit- ~8 able size; type and reproduction satisfactory to the 29 Chief of Police; ~ (3) Past experience as a driver, and/or attendant 51 including the n~mes and addresses of his employers dur- 3~ ing the preceding three (3) years; 17. i (4) Description of driver's license, which shall Z be furnished for examination; ~ (5) Whether any operator's license of either this '~" 4 State or any other, has ever been revoked or suspended; 5 (6) Name and address of applicant's intended em- 6 ployer; · ~ (7) Whether the applicant has been arrested and 8 the disposition of such arrests, other than traffic 9 citations. 10 The application must be verified by the applicant and endorsed by such employer. The willful statement or 1~ furnishing of false information upon said application 13 shall be grounds for denial of said permit as provided 14 for herein. (Ord. No. 631,. Sec. 21.360) 15 c Issuance of Permit .... "'~ 16 Upon application for a driver's permit or attend- 17 ant's permit and before it shall be issued, the appli- 18 cant shall-be fingerprinted and a record thereof filed 19 in the Police Department. No permanent license shall Z0 be granted for a p~riod of two (2) weeks subsequent to ~1 the date of said application; however, the Chief of ~Z Police is hereby empowered to issue a temporary driver's ~ permit. The fee shall be retained for the driver's per- ~4 mit or attendant's permit, if granted, and for cost 25 examination if not granted. The driver's and/or attend- ~6 ant's permit shall be posted in a conspicuous place in ~7 the ambulance while being operated by him. It is'the " ~8 responsibility of the ambulance company to provide and 29 place a holder for said permit. (Ord. No. 631, Sec. 21. 30 370) 31 d Denial or ~ermination of Permit 3~ The Chief of PoliCe shall deny application for a permit, or having issued a permit, shall revoke or sus- pend the same, upon determination of any of the follow- ing applied to the driver or attendant: (1)® Under the age of 18 years~ (2) Who does not possess either an Advanced Ameri- can Red Cross First Aid Certificate or an Advanced First Aid Certificate issued by the United States Bureau of Mines; (3) Who has been convicted of a felony; (4) Who, within a period of two(2) years immedi~ ately preceding such application, has been convicted reckless driving or any provisions of the Alcoholic Beverage Control Act, California Penal Code, California Vehicle Code, or any other code, which is directly concerned with the operation of 'a motor vehicle while under the influence of alcoholic beverage or drug, combination of alcohol and drug; (5) Who has physical.impairments, handicaps or deficiencies of such nature as to interfere with said driver's or attendant's ability to competently perform the duties of his employment, or to operate such vehicle safely; (6) Who is not of good moral character; (7) Who is not able to speak, read and write English language sufficiently to deal with customers; (8) Who does not hold a valid operator's license and a valid ambulance driving certificate issued-by the Department of Motor Vehicles of the State of Californi (9) Who is unable to furnish the Chief of Polic~- with a certificate of a duly licensed physician sta~ing that the applicaht is, in the opinion of such physician, free of communicable disease and physical disability - 19. which could impair his ability to perform his duties. A driver's permit shall remain valid indefinitely, provided that its validity shall expire upon the driver terminating his employment with the employer for whom th~ permit was issued and may be terminated by revocation by the Chief of Police for'cause as in this Part other-' wise provided. e Lists of Drivers And Attendants Each ambulance company shall furnish to the Chief of Police by the tenth (10th) day of each month a list of its currently employed drivers and attendants." PART 3 T~q TRUCKS 14. Section 3432 c is hereby amended to read as follows: "SECTION 3432 TOW TRUCK PE~4IT c Application for Tow Truck Permit Applications.-~ ~. trn~__~.p~_~.mi~ h~reuD4~r shall be made upon forms provided by City, shall be verified shall be accompanied by the fee prescribed by the City Council and shall contain: (1) The name and address of the applicant and of the owner of the towing service. (If the applicant or the owner is a corporation, provide a copy of the certi- ficate of incorporation, and a statement b~ the Secretar~ of State that the corporation is in good standing.) (2) The trade or fictitious name, if any, under which the applicant does business and proposes to do business, and a copy of the fictitious name statement on file with the County of Orange. (3) The training and experience of the applicant in the conduct of the tow truck business. (4) A description of available equipment to be used in towing-services to include State motor vehicle 20.° license numbers, color scheme, insignia, name, mono- gra~ or other distinguishing characteristics to be used to designate applicant's towing vehicles, (5) The location and descriptions of the place or places from which the business will operate, includ- ing address of storage facilities; specify equipment and personnel available at each place of business- (6) A description of the method of operation of the communication system between the place of business and operating tow trucks, as well as the means utilized for insuring prompt dispatch of trucks upon receipt of call from the police Department or requesting party. (7) Such other information as the License an~ Permit Board shall deem reasonably necessary to a fair determination of compliance with this Part. (8~ An accompanying permit fee of $25.00 plus $10.00 for each vehicle the applicant(s) proposes to use in the business- (9) A financial statement prepared by a certifie~ public accountant showing the financial status of the applicant during the past two years preceding the appli- cation'. (i0) A schedule of rates to be charged for the following services: (Fill out unit-basis charge as appropriate-) (a) Charge per emergency call, with tow truck operator; (b) Charge per non-emergencY call, tow truck an~ operator; (c) Charge per hour for towing service with truck and operator; (d) Cha~ge per call for towing service of'io~ truck with one ton capacity or greater, including . operator; (e) Charge per hour for towing service of tow truck with one ton capacity or greater, including operator; (f) Additional charge for-dolly service; (g) Dolly service charge, weekends and after hours; (h) Open-up fee; (i) Open-up fee--weekends End after hours~ (j) Additional charges for mechanical aids; (k) Charge per mile for towing service, with tow truck and operator; (1) Charge per mile'~for. to~ing. ser~ice, ~i~h tow truck and one ton capacity, or greater, including opera tor; (m) Additional labor per hour; (n) Storage charge for 24-hour period per automobile; (o) Storage charge for 24-hour period per truck, one ton and over; {p) Miscellaneous additional charges; (q) Explanation of any further or additional charges. (11) Applicants for OPTS permits may submit a separate, additional rate schedule which shall apply onl' to OPTS service. (12) Applicants shall submit their fingerprints and photographs taken by the Tustin Police Department. 15. Section 3433 is hereby amended to'read as follows: "SECTION 3433 DRtVER'S PERMIT a Driver's Permit Required 22. It shall be unlawful for any driver to operate a tow truck in the City without a valid permit obtained in compliance with this section. b Application for Driver's Permit Application for such driver's permit shall be made to the Chief of Police in'the form prescribed-by'~the Chief of Police. The application shall be in writing, shall be accompanied by a fee as prescribed by Resolu- tion of the City Council and an additional fee to pay th~l~ fingerprinting cost imposed by the State of California~ and shall contain the following: (1) Name, age, citizenship, address and telephone number of applicant; (2) Four (4) photographs of applicant of a suitable size, type and reproduction'satisfactory to the Chief of Police; (3) Past experience as a driver, including the ' names and addresses of his employers during the preced- ing three (3) years; (4) Description of driver's license, which shall be furnished for examination; (5) Whether any oper'ator's license of either this State or any other, has ever been revoked or suspended; (6) Name and address of applicant's intended employer; (7) Whether the applicant has been arrested and the disposition of such arrests, other than traffic citations. The application must be verified by the applicant~' and endorsed by such employer. The willfull statement or furnishing of false information upon said application shall be grounds for denial of said permit as provided 23. for herein. (Ord. No. 631, Sec. 21,360) c Issuance of Permit Upon application for a driver's permit and before it shall be issued, the applicant shall be fingerprinted and a record thereof filed in the Police Department. No permanent license shall be granted for a period of two (2) weeks subsequent to the date of said application; however, the Chief of Police is hereby empowered to issu~ a temporary driver's permit. The fee shall be retained for the driver's permit, if granted, and for cost of ex- amination if not granted. The operator of a tow t~uck shall have his driver's permit posted in a conspicuous place in the cab while being operated by him. It is the responsibility of the tow truck company to provide and place a holder for said permit. (Ord. No. 631, Sec. 21,370) d Denial or Termination of Permit The Chief of Police shall deny application fo~ a permit, or having issued .a'permit, shall revoke or sus- pend the same, upon determination of any of the follow- ing applied to the drive; (1) Under the age of 18 years; (2) Who has been convicted of a felony (3) Who, within a period of two (2) years immedi- ately preceding such application, has been convicted of reckless driving or any provisions of the Alcoholic Beverage Control Act, California Penal Code, California Vehicle Code, or any other code, which is directly con- cerned with the operation of a motor vehicle while under the influence of alcoholic beverage or drug, or combina- tion of alcohol ~nd drug; (4) Who has physical impairments, h~icaps or deficiencies of such nature as to interfere with said driver's ability to competentlyperform the duties of his employment, or to operate such vehicle safely; (5) Who is not of good moral character; (6) Who is not able to speak, read and write the English language sufficiently to'deal with customers; (7) Who does not hold a valid operator's license issued by the Motor Vehicle Department of the State of California; (8)' Who falsifies the application for said permit. (Ord.'No. 691) A driver's permit shall remain valid indefinitely provided that its validity shall expire upon the drive terminating his employment With the employer for whom the permit was issued and may' be terminated by revocatior by the Chief of Police for cause as in this Part other wise provided. e Lists of Drivers Each licensed tow truck company shall furnish to the Chief of Police by the tenth (10th) day of each mont~ a list of its currently employed drivers." 16. Section 3434 is hereby amended ~o read as follows: "SECTION 3434 OFFICIAL POLICE TOWING AND STORAGE SERVICE ( OPTS ) (a) It is the intent of this Part to provide for OPTS services in police emergency situations and in the removal of vehicles which are apparently abandoned, or involved in an accident, or which constitute an obstruction to traffic because of mechanical failure. It is the purpose of the City Council in enacting this Part to provide a' fair and impartial means of distribut- ing requests for towing services among qualified firms, 25. 1 and to insure that such service is prompt and reasonably 2 priced, and in the best interests of the public as well ~ as in the interest of efficient policing operations. 1 4 (b) There shall be 3 OPTS services selected and 5 designated to provide service at the request of the 8 Police Department. The number of'OPTS services may be V altered upon a determination by the Chief of Police that 8 more or fewer OPTS services are required to provide a 9 sufficiently high level of service to the public. 10 (c) Application to be licensed as an OPTS service 11 shall be in the same form as an application for a permit lZ under Section 3432 except that the application shall 13 designate that the application is made for an OPTS ser- 14 vice permit. The holding of an OPTS service permit does 15 not alone entitle the holder to engage in OPTS services 16 for the City. In order to operate as an OPTS service a 17 towing service must be licensed as an OPTS service and 18 must be designated as an OPTS service pursuant to subsec- 19 tion (4) of this Section. 20 (d) In order to be designated as an OPTS servic~ 21 an individual shall make an application to the Chief of ~2 Police requestinq that the applicant be considered as ~5 a candidate for an OPTS service contract with the City- 24 The application shall contain ~he information required 25 for an OPTS permit and any other relevant information ~6 which the Chief of Police may require. The Chief of 27 Police shall consider all applicants and amke a deter- 28 mination, based on the standards and requirements of 29 this Part for OPTS operations, as to which applicaDt~ ~ most qualified to best serve the public interest as OPTS ~! service. The Chfef of Police, with the authorization of 32 the City Council, shall enter in to OPTS service con- 26. ~ tracts with those applicants determined to be most quali- Z fied. (Ord. No. 691)" ~ PART 4 ICE CREW4 VENDORS ~ 17. Section 3441 is hereby amended to read as follows: 5 "SECTION 3441 APPLICATION ~ Any person desiring a vendor's permit shall make 7 application in the form prescribed by the ~icense and 8 Permit Board° Applications shall include the following 9 information: 10 (a) The name an~ address of the applicant; 11 (b) A description of each vehicle proposed to 1Z be operated; 15 (c) The name and address of the registered owne~ 14 of each vehicle proposed to be operated; 15 (d) The name, address, birthdate, City and State 16 of birth, physical description and social security 17 of each driver proposed to operate a vehicle to be 18 licensed. 19 (e) The name, address, birthdate, City and Stat~ 20 of birth, physical description and social security numbe ~1 of each person, other than a driver, proposed to ride in ~ on or upon a vehicle to be licensed. (Ord. No. 585)" ~5 PASSED AND ADOPTED at a regular meeting of the City Council~ ~4 City of Tustin, California, held on the 20th day of March, 1978. tb STATE OF CALIFORNIA) · COUNTY OF OFu~NGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 769 was duly and regularly introduced and read at a regular meeting of the City Council held on the 6th day of March , 1978 and was given its second ~ading ~nd duly~passed and'adopted at a regular meeting held on the 20th day of March 1978, by the following vote: AYES: COUNCILMEN :WELSH, SCHUSTER, SALTARELLI, SHARP, KENNEDY . NOES: COUNCILMEN: NONE ~ ABSENT: COUNCILMEN: NONE ~' "' ' ~ dalif0rnia ~ity Publish Tustin News March 30, 1978