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HomeMy WebLinkAboutORD 131 (1959)640 ORDINANCE NO. 131 AN ORDINANCE OF THF CITY OF TUSTIl, CA-,IFORNIA, REG?UIRING A PERMIT FOR THE OPERATION OF TAXICABS IJITHIN THF CITY OF TUSTIN: ESTABLISHING FEES THEREFOR, REGULATING THE OPERATION OF TAXICABS, BATES CHARGED, ESTABLTSHIiiG DRIVER QUALIFICATIONS: REQUIRING INSURANCE OR A BOND: PR'S CRI3IiuG PENALTIES FOR VIOLATIOrI OF THIS ORDINANCE, AND REPEALING ALL ORDI14ANCES OR PARTS OF ORPITIANCES IN CON- FLICT.HEREWITH. The City Council of the City of Tustin does ordain as follows: SECTION 1. Definitions. For the purpose of this Ordinance, the following terms shall have meanipgs;, here given to them. "Taxicab" includes every motor vehicle used in the business of carrying passengers for hire, and the des - tinction and route of which are under the control of the passenger or passengers being carried therein. "Owner" means every person owning; or controll- ing any taxicab. "Driver" shall mean every person in actual charge and control of any taxicab as the driver thereof. "Taxicab Stand" and "Stand" means a portion of the street desi;nated. by the Council for the use of taxicabs while waiting for employment. SECTION 2. Permit Required No owner shall operate any taxicab owned or controlled by such owner in the business of carrying passengers for hire, or maintain any taxicab stand., unless such owner has a permit so to do as provided in this Ordinance. SECTION 3. Application for Permit. Any owner, desiring to obtain. the permit required. by this Ordinance shall make application there- for to the Council. Each application shall be accompan- ied by a bond or policy of insurance and perriit fee as are provided. for by this Ordinance, and shall be in writ- ing, and.. shall set forth the following: 641 (a) The name, age, business and residence addresses of applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers, together with their respective residence addresses; or if a. partnership, associ- ation or unincorporated company, the names of the partners, or of the persons comprising such association or company, and the business and residence of each partner or persona (b) A description of each taxicab which the applicant proposes to use, the name of the manufacturer, engine and serial numbers, and state license number thereof. (c) The name, monogram or insignia proposed to be used on such taxicab or taxicabs. (d) The schedule of rates of fare proposed to be charged for carrying passengers in such taxicab or taxicabs. (e) The street number and exact location of the place or places where the applicant proposes to stand each taxicab. (f) If the applicant desires a taxicab stand upon a public street within the City, he shall so state in his applica- tion, and shall set forth the names and respective addresses of all lessees, sublessees and owners in actual or constructive pos- session of the ground floor of any building or parcel of real property contiguous to that portion of street where the taxicab stand is proposed to be located; the applicant shall also accompany the 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 acknow- ledged before a duly commissioned Notary Public. (g) The applicant shall furnish such additional informa- tion as the Council may require. (h) If the Council requires, the applicant or applicants shall appear personally before the Council, if he be an individual, and the officers of such applicant shall so appear personally if the applicant be a corporation. SECTION 4. Granting Permit. Upon receipt of any application referred to in the pre- ceding Section, the Council shall make investigation, and may thereafter grant the same if it shall find: (a) That the bond or policy of insurance required by this Ordinance has been furnished, and that the same is in the form required, and that the surety thereon is approved by the Council; and (b) That each taxicab described therein is adequate and safe for the purpose for which it is to be used, and is equipped as herein required; and (c) That'the applicant is of good moral character, has complied with all the terms and conditions of this Ordinance, and is competent to operate a taxicab business; and (d) That the public convenience or necessity require the operation of such taxicab or taxicabs within the City; and (e) That the name, monogram or insignia to be used upon the taxicab or taxicabs is not in conflict with and does not imitate any other name, monogram or insignia used by any other person heretofore licensed by the Council, in such manner as to be misleading or tend to deceive or defraud the public; and (f) In case of an _application for a taxicab stand, that the location of said stand is such th,9t it will not congest or interfere with travel on any street, and is not prohibited by any ordinance of the City. (g) That the schedule of rates of fare proposed to be charged are fair and reasonable. The granting of the permit shall constitute the approval of the Council of the proposed schedule of rates. SECTION 5. Location of Taxicab Stand. Marking. The Council shall designate in any permit granted by it the exact location of the taxicab stand; such permit shall also specify the exact number of feet and location of any parking or stand space reserved for the taxicab stand, which reserved space may be at any time changed, diminished or increased by the Council. Every taxicab stand as designated by the Council shall be indicated by red paint or other red material upon the entire curb surface thereof, with the words "Taxicabs Only" in white letters thereon. r r.. SECTION 6. Parking Taxicabs. Limit. No owner or driver of any taxicab shall park or stand the same upon any public street in the City, other than at a taxi- cab stand for which the owner has a permit, for any period of time longer than is necessary to discharge passengers occupying the taxicab; or receive passengers then waiting for the taxicab; pro- vided further, that a taxicab shall in no case be parked for a period longer than five minutes on any street within the City, except in a taxicab stand for which the owner has a permit. SECTION 7. Taxicab Stand. Joint Use. Any taxicab stand that is granted to any person, may be used jointly by any two or more persons, holding permits under this Ordinance, by the mutual consent of the persons, which consent must be first reduced to writing, properly signed, and filed with the City Clerk. SECTION 8. Same. Change of Location. No taxicab stand shall be changed without obtaining a permit from the Council after application as provided in this Ordinance. SECTION 9. Permit Fee. A permit fee shall be required for every person request- ing a permit under this Ordinance. The permit fee shall be in addition to any business license which permittee shall be required to pay. The permit fee shall be Five Dollars, where no taxicab stand permit is requested. Where a permit for a taxicab stand or stands is requested, an additional sum of Five Dollars will be required for the stand, In the event that an application is denied the permit fee posted with the application shall be refunded to the applicant, after first deducting therefrom all costs sustained by the Council in investigating and acting upon the application. SECTION 10. Permit and License Not Transferable. No license or permit, granted by the Council pursuant to the provisions of this Ordinance may be transferred to another. SECTION 11. Change of Hates. A-oplication and Hearin. Should an owner of a taxicab desire to change his schedule of rates, he shall make written application to the Council so to do. Upon receiving such application the Council shall conduct a public hearing upon the application, and shall give the applicant at least 10 days written notice of the time and place of such hear- ing. Upon the hearing the Council shall determine whether the rates shall be changed and shall have the right to deny the appli- cation, or may make such change as it determines the facts warrant. The decision of the Council upon the hearing shall be final and conclusive. SECTION 12. Change of Rates. Prohibited Without Permit. No owner or driver of any taxicab within the City shall charge any rate different from the schedule of rates on file and approved by the Council. SECTION 13. Bond Required. No owner or driver of a taxicab shall drive or operate a taxicab within the City, and no permit for the operation thereof shall be granted, unless there is on file with the City Clerk and in full force and effect at all times while such taxicab is being operated, either: (a) A bond of the owner of such taxicab, approved by the Council, with a solvent and responsible surety Company author- ized to do business in the State of California as surety in the sum of Twenty Thousand Dollars, conditioned that the owner will pay all loss or damage that may result to persons (including passen- gers in said taxicab) or property from the negligent operation or defective construction of such taxicab, or from the violation of the provisions of this Ordinance or of any other Ordinance of the City of Tustin, or of any law of the State of California. Recovery on said bond shall be limited to Ten Thousand Dollars for the injury or death of one person, and to Twenty Thousand Dollars for the injury or death of two or more persons in the same accident, and to Five Thousand Dollars for injury or destruction of property. The bond shall run to the City of Tustin and shall inure by its terms to the benefit of any and all persons suffering loss or damage covered thereby, and shall provide that suit may be brought thereon in any court of competent jurisdiction by any such person. The bond shall provide that there shall be a continuing liability thereon, notwithstanding any recovery thereon. If at any time in the judg- ment of the Council, the bond is not sufficient for any reason, M04 the Council may require the owner to replace the bond, with another bond or with a policy of insurance as hereinafter provided, satisfactory to the Council, and in default thereof, may revoke such owner's permits and license; or (b) A policy of insurance, approved by the Council, 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 that may result to persons (including passengers in said taxicab) or property from the negli- gent operation or defective construction of such taxicab, or from violation of this Ordinance or any other ordinance of the City of Tustin or of any lace of the State of California. Said policy may be limited to Ten Thousand Dollars for the injury or death of one person, and Twenty Thousand Dollars for the injury or death of two or more persons in the same accident, and to Five Thousand Dollars for injury opr destruction of property. Said policy of insurance shall guarantee the payment to any and all such persons suffering injury or damage to person 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 mentioned, irrespective of the financial condition or any actions or omis- sions of such owner, and shall inure 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 company issuing the same or the authority of such company to do business in the State of California shall be revoked, or in the judgment of the Council said company is insolvent, the Council shall require said owner to replace such policy with another policy or bond as above provided, satisfactory to the Council, and in default thereof may revoke such owner's permit and license. SECTION 14. License Required. Every person operating a taxicab within the City shall obtain a business license therefor and pay to the City the business license fee provided for by ordinance of the City. The business license shall be issued in the samemannerprovided by ordinance of the City for the issuance of other business licenses, but shall 646 not be issued for the use of such taxicab or taxicabs until a per- mit.for the use of such taxicab or taxicabs has been obtained as provided in this Chapter. SECTION 15. Driver. Qualifications. No person shall operate or drive any taxicab within the City unless such person: (a) Is over the age of 21 years; (b) Is of good moral character; (c) Can speak the English language sufficiently to deal with passengers; (d) Possesses a Chauffeur's license issued by the Department of Motor Vehicles of the State. SECTION 16. Taxicab. Unsafe or Unsanitary Condition. No owner shall drive a taxicab within the City while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe or unsanitary condition. Every taxicab shall at all times be subject to the inspection of any police officer or health inspector of the City. SECTION 17. Driver. Time to Operate Taxicab. No person shall drive or;operate any taxicab for more than twelve hours spread over a total of sixteen consecutive hours, or operate or drive any taxicab after having been on duty, -either ,operating or driving a taxicab, or in any office or garage of the holder of any taxicab permit hereunder, or at any taxicab stand, or any combination of such acts, for more than twelve consecutive hours spread over a total of sixteen consecutive hours. No person shall drive or operate any taxicab unless such driver has had at least eight consecutive hours rest, while not on duty, within the last preceeding twenty-four hours, during which eight consecutive hours he shall have performed no acts or duties in connection with the taxicab business. SECTION 18. TAXICAB. Name, Etc., Painted on Side. Every taxicab shall have painted or affixed upon the exterior part of a door on each side of the same, the name of the owner or the fictitious name under which the owner operates, to- gether with the telephone number of the owner, in distinct letters not less than two and one-half inches in height and not less than five -sixteenths of an inch stroke. 640 SECTION 19. Same. Most Direct Route. The driver of a taxicab shall carry passengers by the most direct route possible that will carry such passengers safely and expeditiously to their destination. SECTION 20. Change of Name, Etc. Permit. No person shall change its name, monogram, or insignia without first making application to the Council fora new taxicab permit and the granting of such permit. SECTION 21. Solicitation by Outcry. No persons engaged in the business of carrying passengers for hire, shall advertise such business or solicit patronage there- for by public outcry or oral solicitation on any public street. SECTION 22. RefusaltoPay Fare. No person shall refuse to pay the legal fare of any taxicab licensed under this Ordinance after having hired the same, and no person shall hire any taxicab so licensed with,the intent to defraud the person from whom it is hired. SECTION 23. Replacing Taxicabs. Permit Required. In the event that any holder of a permit should desire to replace any taxicab, for which he has a permit, by another taxicab, he shall apply to the Council for permit so to do. Such application .shall be accompanied by all pertinent information and data required to be furnished by Section 3 and shall be accompanied by a bond or policy of insurance,of the type required by Section 13. In the event that the Council finds that such taxicab ful- fills the requirements set forth in this Ordinance it shall grant a permit, perimitting such replacement. The findings and decision of the Council upon the application shall be final. SECTION 24. Additional Taxicabs. Permit Required. No holder of a permit shall operate any taxicabs in addi- tion to those specified in his permit without making application for a permit so to do and without being granted a permit as pro- vided, in Section 3 and 4. SECTION 25. Revocation of Permit, Manner of. Any permit granted pursuant to the provisions of this Ordinance may be revoked by the Council for violation of the pro- visions of this Ordinance, or of any other ordinance of the City, 648 or of any law of the State, or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether the state of facts existed at the time application was made for such permit or not. No permit shall be revoked except in the following manner: (a) The Council shall fix a time and place for the hearing of the issue of the revocation of the permit and shall cause the City Clerk to serve the permittee with notice of the time and place,of hearing, together with a statement of charges which are the basis for the hearing, at least ten days before the time fixed for the hearing. (b) The City Clerk may serve the notice and statement upon permittee personally or may serve the same upon permittee by delivering; the same by Registered United States Mail, postage pre- paid, to permittee, at the address given in his application for permit. (c) The hearing shall be public and permittee shall have the right to produce witnesses on his own behalf and to be represented by an attorney. (d} The findings and decisions of the Council upon such hearing shall be final and conclusive. SECTION 27. Revocation of Permit. Six Months. In the event that the taxicab permit of any person has been revoked by the Council, such person shall not drive any taxi- cab within the City for a period of six months after the revocation of such permit. SECTION 28. Failure to Use Stand. .In the event that any person holding a permit to operate and maintain a taxicab stand, should fail for a period of two con- secutive weeks to use such taxicab stand for his taxicab or taxi- cabs, the Council may revoke such taxicab stand permit, after a hearing as provided in Section 26. SECTION 29. Parking Vehicle in Taxicab Stand. No Person shall park any vehicle in any taxicab stand except a taxicab permitted so to do by permit granted by the Council. 6 SECTION 30. City To Paint Curb. No person shall paint any curb of any taxicab stand except an employee of the City duly authorized so to do. The permittee of such taxicab stand shall reimburse the City for such painting, as may be required from time to time and failure to make such reimbursement shall be a ground for revoking the taxicab stand permit. SECTION 3.1. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500,00 or by imprisonment for a, period of not more than six months, or by both such fine and imprison- ment. Such person, firm or corporation shall be guilty of a separate offense for each and every day in which the violation of this ordinance is committed or continued by such person, firm or corporation and shall be chargeable as herein provided. SECTION 32. All other ordinances or parts of ordinances to the extent the same conflict herewith are to that extent hereby repealed. SECTION 33. If any section, subsection, sentence, clause, phrase or portions of this ordinance is for any reason held to be invalid -or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of ,the City of Tustin, hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or por- tions hereof be declared invalid or unconstitutional. SECTION 34. The City Clerk shall certify to the adop- tion of this Ordinance, and shall cause the same to be published once within fifteen days after its adoption in the Tustin News, a weekly newspaper of general circulation, printed, published and circulated in the City of Tustin, and said Ordinance shall take effect thirty days after its final adoption. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting of the City Council held on the 20th day of November, 1959• C MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) A. 0. PARK, 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 foregoing Ordinance was duly and regularly introduced at a regular meeting of the City Council of the City of Tustin, held on the 19 day of October, 1959, and was duly passed and adopted at a regular meeting of the City Council held on the 20 day of November, 1959. AYES: Councilmen: KIDD, BYRD, HUMESTON NOES: Councilmen: NONE ABSENT: Councilmen; BACON & TADLOCK DATED: November 20th, 1959 City Clerk of the City of Tustin, California