HomeMy WebLinkAbout01 O.C. TAXI ADM PROG 02-01-99NO. 1
2-1-99
DATE:
FEBRUARY 1, 1999
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM
SUMMARY
Participation in the Orange County Taxi AdminiStration Program (OCTAP) will designate respOnsibility to the
Orange County TransportationAuthority (OCTA)for the administration of taxicab Operations in the City of Tustin
and will centralize countywide taxicab regulationS
RECOMMENDATION
It is recommended that the City Council:
1. Approve the OCTAP schedule of rates of fare.
2. Adopt Resolution No. 99-13 adopting the OCTAP program regulations and Business License Fee.
3. Approve an Inter-Agency Agreement Mth OCTA for participation in the OCTAP and authorize and direct the
City Manager to execute the same on behalf of the City.
.
Have first reading and introduction of Ordinance No. 1211 entitled, "An Ordinance of the City Council of the
City of Tustin, California, Repealing Article 3, Chapter 4, Part 1 of the Tustin City Code Relating to the
Regulation of Taxicabs and Adopting a New Uncodified Ordinance Pursuant to the Orange County Taxi
Administration Program."
FISCAL IMPACT
There is no direct fiscal impact to the CiD' with participation in the OCTAP. There will be a non-quantified saving
of staff time.
BACKGROUND
Countywide taxicab licensing practices require each taxicab company to obtain licenses and permits from each
individual city in the CounD,. Instances have occurred where rates charged are different from city to city since
each city could approve different rates. As a result, cities have received complaints from both citizens and taxicab
companies over this inconsistency. Administratively, this creates a difficult environment in which a taxicab
company must operate.
Orange County Taxi Administration Program
February 1, 1999
Page2
The OCTAP was established by OCTA to streamline and provide enhanced enforcement by centralizing taxicab
regulations on a countywide basis. OCTA created OCTAP at the request of cities to address the transportation
issues regarding this industry. Under this program, OCTA will coordinate vehicle mechanical inspections, perform
driver background checks, maintain a drug and alcohol testing program, monitor insurance compliance along with
other aspects of taxicab operations that are designed to protect the health, safety, and welfare of persons utilizing
taxicab services in any of the participating cities.
The OCTAP began operations on January 2, 1998 and now provides taxicab administration on behalf of 25 Orange
County cities. OCTA provides staff for the administration of the program and oversight is provided through a
Steering Committee and Public Safety Committee consisting of city representatives. Orange County's taxicab
industry is comprised of 14 operating companies with approximately 600 cabs and 750 drivers. Companies range
in size from the 220 cabs of A Taxi Cab of Santa Ana to the one cab operation of Red Top Taxi of Los Alamitos.
Participating taxicab companies are issued decals for each of their vehicles identifying them as members of
OCTAP.
The OCTAP rates of fare were established through a cooperative effort with the taxicab service providers, OCTA
and the initial member cities. The proposed fares are consistent among the 25 member cities and with the current
fares being charged in Tustin. OCTA is currently encouraging the remaining cities and the County of Orange to
join OCTAP.
DISCUSSION
The City of Tustin currently issues permits and licenses to 4 taxi service providers. New taxi service companies
are required to proceed through the City's License and Permit Board where they are reviewed and qualified to
provide service per the City's Code requirements. The Police Department coordinates all driver background
checks, vehicle checks and assists with enforcement. Once companies have been approved by this Board and they
have acquired a city business license, they may operate within the city.
By participating in the OCTAP, the city will no longer be responsible for issuing taxicab driver, vehicle, and
company business permits. However, the Police Department will still enforce violations. The proposed Ordinance
repeals the existing City of Tustin taxicab regulations in Article 3, Chapter 4, Part 1 of the Tustin City Code. As
proposed, the city will retain the ability to determine which taxicab companies will be allowed to operate within.
the city by requiring each company to obtain a business license. If issues arise regarding a particular taxicab
company whereby the health, safety, and welfare of the citizens are placed at risk, the city will be able to revoke
the business license and prohibit the taxicab company from operating within the city limits.
The attached Ordinance, Resolution and Inter-Agency Agreement will implement the OCTAP for the City of
Tustin.
Director of Public Works/City Engineer
Douglaf/R Anderson
Senior Project Manager-Transportation
TDS:DA:OCTAP Reso 99-13 & Ord 1211
Attachments
OCTAP SCHEDULE OF RATES OF FARE
$1.90 first 1/6 mile
$0.30 each additional 1/6 mile
$22.00 maximum per hour waiting fee
No charge for first three minutes of waiting time
No extra charge for additional passengers
01/25/99
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RESOLUTION NO. 99-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING ORANGE COUNTY TAXI ADMINISTRATION
PROGRAM REGULATIONS AND BUSINESS LICENSE FEE
WHEREAS, Government Code Section 53073.5 requires the City to adopt an
ordinance or resolution in regard to taxicab transportation service within the City, including
regulation of employment of taxicab drivers, establishment or registration of rates for
taxicab transportation service, and a drug and alcohol testing program; and
WHEREAS, the City of Tustin has entered into an interagency agreement with the
Orange County Transportation Authority (OCTA) in which the City agreed to participate in
the Orange County Taxi Administration Program (OCTAP) and the Orange County
Transportation Authority agreed to provide the staff and administrative services necessary to
implement the program; and
WHEREAS, OCTAP has also established certain regulations for taxicab drivers,
insurance, equipment, mechanical condition, and other aspects of taxicab operations,
designed to protect the health, safety, and welfare of persons utilizing taxicab services in
member cities; and
WHEREAS, OCTAP will provide all services necessary for the City to comply with
Govermnent Code Section 53075.5 regarding regulation of taxicab transportation services
within the City; and
WHEREAS, the City Council has reviewed and approves the regulations established
by OCTAP;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin, California, does hereby:
1. Adopt the regulations as established by OCTAP, attached hereto as Exhibit 1 and
incorporated herein by this reference;
2. Authorize the OCTA to establish fees for OCTAP permits and other services not to
exceed the cost of administering the program;
3. Authorize the City Manager or his designee to approve minor modifications to the
rates of fare and regulations as established by OCTAP; and
4. Approve a business license fee for taxicabs as set forth in the business license fee
schedule attached hereto as Exhibit 2, and incorporated herein by this reference.
PASSED AND ADOPTED the 1st day of February 1999.
ATTEST:
Thomas R. Saltarelli
Mayor
City Clerk .
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
EXHIBIT 1
1. PURPOSE
1.1. These regulations implement the provisions of the taxicab
ordinances, as'passed by City Council of each OCTAP participating City, and
regulate taxicab service within the City.
2,
2.1.
taxicab.
2.2.
DEFINITIONS
"Driver" means a person who drives or controls the movements of a
"Driver Permit" means a valid permit issued by OCTAP authorizing
a person to drive or control the movements of a taxicab.
2.3. "OCTA" means the Orange County Transportation Authority..
2.4. "OCTAP" means the Orange County Taxi Administration Program
administered by the Orange County Transportation Authority.
2.5. "Company" includes natural person, firm, association, organization,
partnership, business, trust, corporation or public entity.
2.6. "Taxicab" means a vehicle Capable of carrying not more than eight
persons, excluding the driver, and used to carry passengers for hire. The term
shall exclude a vehicle operating as a Charter party' Carder licenSed as such by
any state agency, including the Public Utilities Commission, or any other vehicle
having a Certificate .of Public Convenience and Necessity issued by any state
agency, including the Public Utilities Commission.
2.7. "Taxicab Business Permit" means a valid permit issued by OCTAP
authorizing a company to operate a taxicab business in any participating city
which allows the company to serve that city.
2.8. "Taxicab Vehicle Permit" means a valid permit issued by OCTAP
authorizing a particular vehicle to be operated as a taxicab.
1 1999 Regutalf,3ns 1/20/99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
3. TAXICAB BUSINESS PERMITS
3.1. No company shall operate a taxicab business within the City
without having first obtained a Taxicab Business Permit from OCTAP.
3.2. A Taxicab Business Permit shall be issued from OCTAP if the
following conditions have been satisfied:
3.2.1. Submission of a
application;
completed Taxicab Business Permit
3.2.2. submission of a copy of applicant's drug and alcohol policy
meeting OCTAP requirements;
3.2,3. submission of evidence of insurance, in full force and effect,
in such form as required by OCTAP, issued by a solvent and responsible
company licensed to do business in the State of Califomia, insuring the applicant
against loss by reason of injury or damage that may result to persons, including
taxicab passengers, or property, from the negligent operation or maintenance of
such taxicab. Applicant shall provide a Certificate of Insurance showing that the
applicant is insured for minimum combined single limit of one million dollars
($1,000,000) for the injury or death of one or more persons in the'same accident,
and one hundred thousand dollars ($100,000) for injury or destruction of
property. In addition, applicant shall direct the insurance company to provide to
OCTAP certified copies of Endorsements to the .insurance policy 1) naming the
cities participating in the Orange County Taxi Administration Program and the
Orange County Transportation Authority, its Officers, Directors, Employees and
Agents as additional insureds; and 2) indicating that coverage shall not be
reduced, terminated or canceled without thirty (30) days' pdor wdtten notice to
OCTAP. OCTAP reserves the right to request certified copies of all related
insurance policies;
3.2.4. submission of financial documents and other information as
required by OCTAP;
2 1999 Regulations 1/20/99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
3.2.5. submission of Department of Motor Vehicles (DMV) Pull
Notice Program Requester Code Number issued to applicant, as defined in
Vehicle Code Section 1808.1. Company is required to immediately notify the
OCTAP Administrator if it receives a DMV Pull Notice on one of their drivers
which would affect the driver's OCTAP Driver Permit. In the event the ddver's
DMV record indicates he/she no longer qualifies for a Driver Permit, company
shall require ddver to turn over Driver Permit to company. Company shall return
the Driver Permit to the OCTAP Administrator. DMV Pull NotiCe records shall be
made available to the OCTAP Administrator upon request.
3.2.61 submission of proof of current California Department of
Motor Vehicles registration for each vehicle listed in the Taxicab Business Permit
application. All vehicles listed in the Taxicab Business Permit application shall be
registered to the applicant;
3.2.7. every owner, partner or principal officer of applicant has
submitted to fingerprinting by the Orange County Sheriff's Department;
3.2.8. every owner, partner or principal officer of applicant' has
successfully cleared a local background check; and
3.2.9. submitted payment of all applicable fees including but not
limited' to background check fee, Taxicab Business Permit application, fee,
Taxicab Vehicle Permit application fee, etc.
3.3. A Taxicab Business Permit shall be denied if any owner, partner or
principal officer of applicant fulfills any of the following grounds for denial:
3.3.1. Under the age of 18 years.
3.3.2. Falsification of matedal information on application for
Taxicab BusinesS Permit within the past one (1) year.
Section 290.
3.3.3. Registered sex offender pursuant to Califomia Penal Code
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
3.3.4. On formal probation or parole for any'offense outlined in
Section 3.3 of these regulations.
3.3.5. Conviction (or plea of guilty or nolo contendere) in any state
for any of the following: murder; robbery; pandering; pimping; crimes related to
the sale or transportation of controlled substances; crimes involving the use of a
weapon; or any other offense involving moral turpitude or any cdme that is
substantially related to the qualifications, functions or responsibilities of a taxi
owner.
3.3.6. Conviction (or plea of guilty or nolo contendere) in any state
for a felony other than those listed in the previous section within eight (8) years
of application.
3.3.7. Any conviction within five (5) years of application (or plea of
guilty or nolo contendere) in any state or any final administrative determination of
a violation of any statute, ordinance, or regulation reasonably and rationally
pertaining to the same or similar business operation which would have resulted
in suspension or revocation of the Taxicab Business Permit under these
regulations.
3.4. At the time the Taxicab BusineSs Permit application is submitted,.
applicant shall provide to OCTAP a list of ddvers authorized to operate the
vehicles identified in the Taxicab Business Permit.
3.4.1. Permittee shall provide OCTAP with notice by fax within 72
hours in the event that any driver listed in the Taxicab Business Permit is no
longer authorized to operate a vehicle identified in the Taxicab Business Permit.
3.5. Upon company's successful satisfaction of the conditions listed
above, company shall be issued an OCTAP Taxicab Business Permit.
3.6. Once OCTAP issues a Taxicab Business Permit, the company
must then be authorized by the City and must pay any applicable business
license' tax before operating in the City.
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
3.7. A Permittee may add additional drivers to its 'list of drivers
authorized to operate the vehicles' identified in the Taxicab Business Permit,
provided that:
3.7.1. Permittee has submitted to OCTAP an Intent to Hire/Intent
to Lease a Taxicab form identifying the driver as being employed or given a
written offer of employment or as being a self-employed independent contractor
or the company; and
3.7.2. the driver to be added has been issued a Ddver Permit by
OCTAP which states the driver is affiliated with the Permittee and identified as
either an employee or leased driver.
3.8. The Taxicab Business Permit is valid for one (1) year from the date
of its issuance unless sooner suspended or revoked.
3.9. At least thirty (30) days prior to expiration of the Taxicab Business
Permit, the Permittee should submit an application for renewal of its Taxicab
Business Permit pursuant to SectiOn 3 of these regulations.
3.10. A Taxicab Business Permit may be suspended or revoked by the
OCTAP Administrator for the following reasons:
3.10.1. ' Providing false or inaccurate information in the
Taxicab Business Permit application; or
3.10.2. Allowing operation of a taxicab by a person not in
possession of a valid Driver Permit stating that the driver is affiliated with the
company; or
3.10.3. Failure to comply with the applicable provisions of
these regulations; or
3.10.4. Failure of authorized' ddvers to comply 'with the
applicable provisions of these regulations; or
3.10.5. Operation of any taxicab at a rate of fare higher than
those fares adopted by the City; or
5 1999 Regulations 1/20/99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
3.10.6. Failure to cooperate with local agency law
enforcement, code enforcement officers, and/or OCTAP staff.
3.11. In lieu of revocation or suspension, the OCTAP Administrator may
impose a fine, or a fine and a pedod of suspension.
3.12. A Taxicab Business Permit applicant may appeal a permit denial,
suspension or revocation in accordance with the appeal provisions set by
OCTAP.
4. VEHICLE INSPECTIONS
4.1. Upon issuance of a Taxicab Business Permit and prior to
operating, Permittee shall bring each vehicle listed in the Permit to. the OCTAP
facility for a vehicle inspection. OCTAP may, at its discretion, conduct vehicle
inspections at the operator's facility.
4.2. Upon meeting all requirements and passing the vehicle inspection,
OCTAP shall issue a nontransferable Taxicab Vehicle Permit sticker for each
approved vehicle. The Taxicab Business Permit Sticker shall immediately be
affixed to the left-hand corner of the rear windshield of the vehicle for which the
sticker is issued. The Taxicab Vehicle Permit is valid for one (1) year.
4.3. Vehicles that fail a vehicle inspection shall pay the re-inspection fee
and be presented for re-inspeCtion after the identified corrections have been
made. If such corrections have been made and if the vehicle otherwise complies
with these vehicle inspection standards, a Taxicab Vehicle Permit shall be
issued.
4.4. In addition to the initial and annual vehicle inspection, all taxicabs
operated under OCTAP shall submit to on the road or random inspections by
OCTAP inspectors or authorized city peace officers and code enforcement
officials when requested. Failure to submit to an inspection may result in
suspension of the Taxicab Vehicle Permit. The OCTAP inspector shall complete
6 1~ Regulations 1/20/99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
an inspection report at the time of inspection which shall indicate, in the opinion
of the OCTAP inspector, what repairs, if any, need to be made to the vehicle.
One copy of the report shall be given to the ddver. OCTAP shall mail a copy of
the report to the company to whom the vehicle is registered.
4.4.1. If the insPection report indicates the need for repairs to a
vehicle, the company is required to bring the vehicle to OCTAP for re-inspection
within the time frame provided in the report to vedfy that the 'required repairs
have been made. A re,inspection fee shall be required at time Of re-inspection.
4.4.2. In the event that repairs have not been made to a vehicle
within the time frame provided for. in the report, the Taxicab Vehicle Permit
sticker shall be suspended until corrections have been made to the Satisfaction
of OCTAP or revoked.
4.5. Permittee may replace any of the vehicles listed in the Taxicab
Business Permit with another vehicle upon satisfaction of the following
conditions:
4.5.1. Surrender. of the vehicle to be rePlaced to OCTAP for
removal of the Taxicab Vehicle Permit sticker;
4.5.2. successful passing of a vehicle inspection by the
replacement vehicle; and
4.5.3. Payment of Taxicab Vehicle Permit transfer fee.
4.6. Upon satisfaction of the conditions stated above, OCTAP shall
delete the vehicle identification number of the vehicle to be replaced in the
Taxicab Business Permit and add the vehicle identification number of the
replacement vehicle. OCTAP shall issue a new Taxicab Vehicle Permit sticker for
the replacement vehicle that shall be valid for the term remaining under the
Taxicab Vehicle Permit sticker of the replaced vehicle.
4.7. The Taxicab Vehicle Permit shall be renewed annually by bringing.
each vehicle listed in the permit application to the OCTAP facility for a vehicle
7 · 1999 Regulations 1/20/99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
inspection and paying all applicable fees. OCTAP may, at its discretion, conduct
vehicle inspections at the operator's facility.
4.8. Upon the successful completion of the vehicle inspection, OCTAP
shall place a new expiration date sticker on the Taxicab Vehicle Permit sticker for
each of the vehicles registered in the Taxicab Business Permit.
5. DRIVER PERMITS
5.1. No person shall drive a taxicab within an OCTAP city without
having first obtained either a temporary or a permanent Ddver Permit from
OCTAP.
5.2. A temporary Driver Permit may be obtained from OCTAP, provided
that the prospective driver has satisfied the following conditions:
5.2.1. submitted a completed Driver Permit application that is
signed by a representative of the OCTAP-approved taxicab company the ddver
intends to work for;
5.2.2. submitted the Driver Permit applicatiOn fee;
5.2.3. presented a valid California Driver License;
5.2.4."submitted two current 2" x 2" professional quality Color
photos (passport photos) of the applicant;
5.2.5. successfully passed 'a drug and alcohol screening test within
the previous 30 days in compliance with Califomia Government Code Section
53075.5 (b) (3);
5.2.6. Submitted to fingerprinting by the Orange County Sheriff's
Department;
5.2.7. successfully cleared a local background check and
possesses a valid California Ddver License; and
5.2.8. submitted payment of all applicable fees, including the
background check fee and Driver Permit application fee.
8 1999 Regulalioas 1/20/99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
5.3. The temporary Driver Permit shall be valid for 90 days and shall be
replaced by a permanent Driver Permit within such 90 days unless extended by
OCTAP for a specified period.
5.4. A permanent Driver Permit shall be issued once the applicant has
successfully cleared a State Department of Justice background check.
5.5. A permanent Driver Permit is valid one (1) year from the date the
temporary Permit was issued, unless sooner suspended, revoked or otherwise
terminated.
5.6. A driver who has been issued an OCTAP Driver Permit may only
pick up passengers in those cities that have authorized the company he/she
represents.
5.7. At least ten (10) working days prior to expiration of the Ddver
Permit, the driver should re-apply for a Ddver Permit pursuant to Section 5 of
these regulations.
5.8. Ail Driver Permits issued by OCTAP,' including temporary Driver
Permits, shall be valid only for the driver in operation of a taxicab for the
company indicated on the Driver Permit. No driver may Operate a taxicab for a
company other than the company listed on the driver's Driver Permit.
5.9 Taxicab drivers must have a valid taxicab Driver Permit in their
immediate possession at all times while operating a taxicab.
5.10 Taxicab drivers shall not use or hold 'in their possession another
person's OCTAP Ddver Permit.
5.11. A replacement for a lost Ddver Permit may be obtained from
OCTAP, provided that the ddver has satisfied the following conditions:
5.11.1. submitted a replacement Driver.Permit form along
with the Driver Permit replacement fee; and
5.11.2.. provided two current 2" x 2" professional quality color
photos (passport photos).
9 1999 RegulaOons 1/20/99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
5.12. The replacement Driver' Permit shall expire 'on the same date as
the replaced Permit.
5.13 A driver may transfer his/her permit to another taxicab company
provided that the ddver has satisfied the follOwing conditions:
5.13.1 completed a driver permit application that is signed by
an authorized .representative of an OCTAp approved taxicab cOmpany;
5.13.2. successfully passed a drUg and alCOhol screening test
within the previous 30 days;
5.13.3 submitted the Driver Permit transfer fee;. and
5.13.4 submitted two current 2" x 2" professional quality
color photos (passport photos) of the applicant.
5.14. A Driver Permit applicant may appeal a permit denial in accordance
with the appeal provisions set by OCTAP.
5.15. A Driver Permit shall be denied if applicant meets any of the
following grounds for denial:'
5.15.1.
Under the age of 18 years.
Does not possess a valid California Driver License
5:15.2.
(Class C).
5.15.3 Failure to test negative for drUgs and/or alcohol as
required in section 5.2.5. Upon testing positive for drugs and/or alcohol, the
applicant shall not be eligible to reapply for a Driver Permit for a pedod of six
months from the drug screen date.
5.15.4. Falsification of, or failure to disclose, matedal
information on application for Driver Permit within the past one (1) year.
5.15.5. Required to register as a sex offender .pursuant to
California Penal Code Section 290.
5.15.6. On formal probation or parole for any offense outlined
in Section 5.15 of these regulations.
10 ~ Regulalion~ 1/20/99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY. TAXI ADMINISTRATION
5.15.7. Any c~nviction (or plea of guilty or nolo contendere).
regardless of the time elapsed, in any state, of any of the following or.ff~eir
equivalent: murder;, a violation of Califomla Vehicle Code Section 2800.2
(pertaining to disregard for' safety of persons, or property), Sec'don 2800.3
(pertaining t~ flight from peace officer causing death or bodiiy injury) or Section
20001 (pertaining to duty to stop at scene of accide~); robbery; pandering;
pimping; crimes related to the use~ sale, possession, or transportation of
controlled substances; crimes involving weapons; any crfme for whlch
registration would be required under California Penal. Code Section 290; or. any
ob~er offense involving moral turpitude or any crime that is substantially relal~
to the qualifications, functions or responsibilities of a taxi driver
5.16.8. Conviction of any felony in any state (or plea of guilty
or nolo contendere), ether than those felonies listed in Section 5.15.7, within
eight (8) years of applicatton.
5.15.9. Conviction (or plea of guilty or nolo contendere) of
any of the following within frye (5) years of application: reckless driving; driving
under the influence of intoxicating liquors or drugs (DUI); a vlolat~on of California
Vehicle Code Section 2800.1 '(pertaining to flight from peace officer); Section
20002 (pertaining to duty where property damaged),-Section 20003 (pertaining
to duty upon injury or death) or any corresponding subsfib, rte sections; vehicular
manslaughter, and Penal Code Sections 240, 241, 242, and 243 or any
corresponding substitute sections pertaining t~ assault and battery.
5.16. A Driver Permit may be suspended or revoked by the OCTAP
Administrator for the following masons:
Failure to comply with the applicable provisions of
5.16.1.
these regulations;
5.16.2.
Circumstances furnishing grounds for the denial,
revocation, or refusal to mew the Driver Permit as outlined in these regulations;
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
5.16.3.
Driver. License;
Revocation or suspension of Permittee's California
5.16.4. Failure - to cooperate with local agency law
enforcement, code enforcement officers and/or OCTAP staff; or
5.16.5. Notification to OCTAp by the taxicab company that
the Permittee is no longer an authorized driver.
5.17. In lieu of reVocation or suspension, the OCTAP AdministratOr may
imPose a fine, or a fine and a period of suspension..
6. VEHICLE INSPECTION STANDARDS
6.1. The minimum vehicle standards are those of the California Vehicle
Code (CVC). All taxicabs shall meet all. applicable standards of the California
Vehicle Code as well as the following in order'to 'pass the OCTAP vehicle
inspection. Certain equipment must be present and fully functional as OEM
(original equipment manufacture), as specified in Section 6 herein. Vehicle must
be maintained to standards at ali times.
6.1.1. Body Condition
6.1.1.1. No body damage, frame damage, tears or rust
holes in the vehicle body and/or loose pieces hanging from the vehicle body are
permitted. Front and rear fenders, bumpers, hood, trUnk, and tdm Shall be
securely fixed and shall be in correct alignment to the vehicle as OEM. Body
damage shall be defined as an unrepaired dent, distortion, depression, bulge,
tear, hole, or disfigurement.
6.1.1.2. The extedor of the vehicle shall be maintained
in a reasonably clean .condition and shall be free of excessive dirt, tar, oil, and
rust
6.1.1.3 The vehicle paint shall not. be faded, blistered,
cracked, checked, peeled, or scratched.
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TAXICAB REGULATIONS OF THE
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26712.
6.1.2. Brake System
6.1.2.1. ' Per CVC 26453.
6.1.3. Climate Control
6.1.3.1. The Defroster must be operational per CVC
6.1.3.2 The air conditioning/heating units shall be
functional at all times. The air discharged from the air conditioner interior vent
system shall be continuously cool. All air conditiOning temperature controls and
functions shall operate as originally designed and manufactured with no knobs or
components broken or missing. Systems shall operate on all OEM speeds with
no excessive noise.
6.1.4. Exhaust System
6.1.4.1. Per CVC 27153.
6.1.5~ Fuel Tank Cap
6.1.5.1. Per C¥C 27155.
·
6.1.6. Horn
6.1.6.1. Per CVC 27000.
.
6.1.7. Hubcaps
6.1.7.1. Hubcaps or wheel covers shall be of like style
and shall be on all wheels for which hUbcaps are standard equipment.
6.1.8. Interior Condition
6.1.8.1. Passenger compartment, ddver compartment,
and trunk or luggage area shall be clean and free of foreign matter, 'offensive
odors and litter.
6.1.8.2. Seat upholstery shall be clean, intedor walls,
carpet and/or flooring,, and ceiling shall be kept reaSonably clean. No dps or
tears are permitted. All repairs shall be done so as to reasonably match the
existing interior.
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
6.1.8.3. Door handles and doors shall be intact, clean
and operational. Each door shall be capable of being unlocked and opened from
the interior of the vehicle.
6.1.8.4. Dashboards shall be maintained in a manner'
that is clean and free of loose articles. Dashboards shall be free of: cracks,
holes, and tears.
6.1.9. Intedor Information
6.1.9.1. A 4" x 6" information card shall be displayed in
plain view of ali passengers at all times that a taxicab is in operation.
6.1.9.2. The information card shall contain the following
information on the permit holder: name, business address and telephone number
of the OCTAP-approved taxicab company; the name,, address, and phone
number of the regulating agency (OCTAP) and rate schedule approved by the
City.
6.1.9.3. The valid Driver Permit issued to the operating
ddver shall be in plain view of all Passengers at all times that the taxicab is in
operation.
6.1.10. License Plates
6.1.10.1. Per CVC 5202.
6.1.11. Lights and. Lenses
6.1.11.1.
and Iow beams (CVC 24400).
6.1.11.2.
Headlights shall be operational on both high
Tail lights shall be operational and the light
emitted be red in color (CVC 24600).
6.1.11.3. Emergency flashers shall be operational (CVC
24252).
24606(a)).
6.1.11.4. Reverse lights shall be operational (CVC
14 1999 Reouauor= 1/'zo~ .
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
24951(b)(1)).
24603(b)).
24601).
6.1.11.5.
Turn signal lights shall be operational (CVC
6.1.11.6. Brake lights shall be operational (CVC
6.1.11.7.
6.1.11.8.
6.1.11.9
License plate light shall be operational (CVC
Interior lights shall be operational.
Light lenses must be. intact and contain no
holes or large cracks.
6.1.12.' Markings
6.1.12.1. Exterior markings shall consist of company
name, phone number, body number and other OCTAP approved logo. Such
extedor markings shall be propedy and neatly placed and easy to read (in
contrasting colors).
6.1.12.2. Company name shall be placed on each' side
of vehicle in letters not' less than 3 inches in height (in contrasting colors).
6.1.12.3. Vehicle number shall be placed on each side
and rear of vehicle in numbers not less than 3 inches in height.
6.1.13. Mirrors
6.1.13.1. Per CVC 26709.
6.1.14. Muffler
6.1.14.1. Per CVC 27150(a).
6.1.15. Parking Brake
6.1.15.1. Per CVc 26451.
' 6.1.16. Proof of Insurance
6.1.16.1. Per CVC 16020'through 16028.
15
1999 Regulatio~ 1~20~99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
6.1.17. Radio
6.1.17.1. Vehicle shall be equipped with a two-way radio
or cellular phone in working order
6.1.18. Seat Belts
6.1.18.1. Per CVC 27315. Additionally, vehicle restraint
system shall be maintained to OEM specifications and shall be in good working
order.
6.1.19. Steedng and Suspension System
6.1.19.1. Vehicle's steedng and suspension system Shall
be in good mechanical order. (CVC 24002(a)(b)).
6.1.20. Taximeter and Meter Seals
6.1.20.1. All vehicles shall have a taximeter in working
order.
6.1.20.2.
6.1.20.3.
Sealer of Weights and Measures.
13 months old.
All taximeters shall have intact meter seals.
Taximeters 'shall be certified by the County
The date on the seal shall not be more than
6.1.20.4. The taximeter shall be placed in the taxicab so
that the reading dial sh°wing the amount of fare to be charged shall be well
lighted and easily read by the passenger.
6.1.20.5. A vehicle shall be placed out of service if the
meter is not working, the lead seal is broken or missing, or the approved rate of
fare is not being charged.
6.1.21. Tires
6.1.21.1. Per CVC 27465(b).
16 19e9 Roou~uo,~ 1,-2o/9o
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
6.1.21.2. Every vehicle shall be equipped with a jack,
tire changing tool, and an inflated spare: tire. A company may be exempted from
this requirement upon proof the company has a contract with a towing company
and a policy in place to send another taxicab vehicle for the stranded
passengers.
designed.
6.1.22.
6.1.22.1.
6.1.22.2.
6.1.22.3
pads on all foot controls.
metal is showing.
6.1.25
Windows
Front and rear windshield per CVC 26710.
Safety glass shall be in all windows.
Windows shall be operational as originally
6.1.23. Windshield Wipers
6.1.23.1 Per CVC 26707.
6.1.24Footpedal Pads
6.1.24.1 All. vehicles shall be equipped with OEM rubber
Pads shall not be worn or deteriorated to the p°int that
as per CVC 4462.
6.1.25.1
6.1.25.2
Vehicle Registration
All vehicles must possess a valid registration
All vehicles must be registered as commercial
vehicles as per CVC 260.
7. APPEALS.
7.1. The Appeal Procedure for Denial, Suspension or Revocation of
Permit or Related ,Adverse Action is as follows:
7.1.1. in the event a permit is proposed to be denied, suspended
or revoked, the applicant/Permittee shall be notified in writing of the proposed
adverse action and reason(s) therefor.
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
7.1.2. Within ten (10) days of the date of the notice of proposed
adverse action, the applicant/Permittee shall submit a written appeal on a form
provided by OCTAP. The applicant/Permittee shall set forth in the appeal the
reasons why such action is not proper. Failure to file such an appeal within the
time frame indicated shall constitute waiver of the right to an appeal and the
proposed adverse action shall become final and any permit surrendered
immediately.
7.1.3. Except as provided in Section 7.1.4, once an appeal is filed,
the adverse action shall be stayed pending the final determination of the appeal.
7.1.4. If, in the OCTAP Administrator's' opinion, the continued
operation of a taxiCab vehicle or possession of a Driver Permit represents an
unsafe condition for the public, the adverse action shall not be stayed.
7.1.5. if an appeal is timely filed, the OCTAP Administrator shall
review the appeal, and based on additional information' provided therein, may
revise his findings and penalty in accordance with the additional information
provided. In the altemative, the OCTAP Administrator may cause the appeal to
be assigned to a Hearing Officer.
7.1.5.1. The OCTAP Administrator shall maintain a liSt
of qualified Hearing· Officers, who shall not be employees of OCTA,'and shall
'regularly rotate assignments based 'on availability of the proposed Hearing
Officers.
7.1.5.2. The Hearing Officer shall expeditiously
schedule the appeal hearing.
7.1.6. The appellant and the OCTAP Administrator or designee
shall each haVe the right to appear in person and be represented by legal
counsel or other representative, to present evidence, to call and cross-examine
witnesses under oath, and to present argument.
18 l~ Regulatio~s 1/20/99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
7.1.6.1. The formal rules of evidence shall not apply,
and any relevant evidence that is the sort of evidence upon which responsible
persons are accustomed to rely in the conduct of serious affairs shall be
admissible.
7.1.6.2. Hearsay evidence may be considered by the
Headng Officer, but no findings may be.based solely on hearsay evidence Unless
supported or corroborated by other relevant and competent evidence.
7.1.7. The OCTAP Administrator shall promulgate supplementary
rules and procedures for the conduct of the headng, the forms of notice and
proceedings, and the preparation and submission of the record.
~.1.8. The decision of the Hearing Officer shall be the final
administrative remedy and shall be binding upon the parties to the appeal.
7.1.9. If the Headng Officer decides to suspend or revoke a permit,
the appellant shall immediately surrender the permit to the OCTAP
Administrator.
8. REFUND POLICY
8.1. There Shall be no refunds of any portion of the fees described in
these regulations.
9. ADMINISTRATIVE CHANGES TO REGULATIONS
9.1. OCTAP is authorized to make administrative changes to these
regulations upon wdtten notification to the City.
1 9 1999 Regulatior~ 1/20/99
EXHIBIT 2
Orange County Taxi Administration Program (OCTAP)
Fee Structure
Company Permit
First Time Company Permit
$3,000
Annual Company Permit Renewal
$1,000
Vehicle Permits (per vehicle)
Vehicle Permit (includes inspection)-'Annual
$225
Vehicle I. nspection - Re-inspect
$37.50
Driver's permits
Annual Driver Permit~
$75
Replacement Driver Permit
$10
Transfer of Driver Permit
$10
Does not include cost of Department of Justice Background check or drug test.
01/25/99
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP)
INTER-AGENCY AGREEMENT
The City of Tustin (City) and the Orange County Transportation Authority .(OCTA) agree
to:
mo
Participate in the Orange County Taxi Administration Program (OCTAP) with the
· goal of increasing public safety, reducing administrative costs, and expanding the
provision of private transportation service in Orange County.
B. MutUally adopt OCTAP Rules (attached) and regulations to govern the administration
of taxi service within the City.
II. The City agrees to;
A. Participate as member of OCTAP effective February 1, 1999.
B. Appoint City Manager or designee to be member of the OCTAP Steering Committee
and City Police Chief or designee to serve on OCTAP Public Safety Committee.
Co
D.
Adopt and enforce a City taxicab ordinance and regulations consistent with OCTAP
Rules, and use such ordinance as the exclusive method of regulating taxicabs within
the City.
EnfOrce and if necessary prosecute all violations of City taxicab ordinance and
regulations.
III. The OCTAz agrees to:
A. Provide staff and administrative services necessary to implement and enforce the
OCTAP Rules.
B. Collect license and permit fees to offset' administrative costs.
IV. Miscellaneous
A. Termination of Agreement
Either party may terminate this Agreement, with or without cause, at any time by
giving twelve (12) months written notice to the other party.
B. Notices
All notices which any party is required or desires to give hereunder shall be in writing
and shall be deemed given when delivered personally or three (3) days after mailing
by registered or certified mail (return receipt requested) to the following address or at
such' other address as the parties may from time to time designate by written notice in
.the aforesaid manner:
To City of Tustin:
City Manager'
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
Tel: (714) 573-3011
Fax: (714) 838-1602
To OCTA:
LiSa Mills
Chief Executive Officer
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Tel: (714) 560-5584
Fax: (714) 560-5796
C. Severabili _ty
If a term, provision, condition or covenant of this Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall not be affected
thereby and the Agreement shall be read and construed without the invalid, void or
unenforceable provision(s).
Signed
William A. Huston
City Manager
City of Tustin
Signed
(Date) Lisa Mills (Date)
Chief Executive Officer
OCTA
II.
III.
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (ocTAp)
RULES
Scope:
A.
OCTAP is a voluntary association of Orange County cities Which have delegated'
the issuance of taxicab vehicle licenSes and driver permits and other administrative
functions to the OCTA. Each city will retain all authority and responsibility for
taxicab regulation and enforcement within its borders.
As used in these Rules, the term Taxi includes those services defined in
Government Code Section 53073.5 and regulated by municipal agencies in
California.
Bo
The objective of OCTAP is to increase public safety, reduce administrative costs for
the public and private sector, and to expand the provision of private transportation
service in Orange County.
C.. Each city will select the company(ies), authorized to operate within that city, and
will determine the boundaries of service those companies may serve.
Administration:
A. A Taxicab Administrator, an employee of OCTA, will manage all OCTA
responsibilities required to administer OCTAP activities.
g.
An OCTAP Steering .Committee will meet quarterly to advise OCTA on policy
issues. The Committee includes the City Manager or his/her designee from each
participating city, one representative of licensed taxicab companies chosen by all
'licensed taxicab companies, and one representative chosen by all the Chambers of
Commerce of participating cities.
C,
An OCTAP Safety Committee will meet quarterly to adviSe OCTA and the OCTAP
Steering Committee on issues of public safety. The Committee will include the
Police Chief or his designee from each participating city.
' Authorized taxicab companies/operators
A.' The OCTAP Steering Committee will adopt policies and procedures governing the
issuance of operating licenses to taxi companies.
S.
OCTA will review applications for service, conduct background and insurance
reviews, and issue a license to approved companies. Such license may be revoked
only by OCTA, with appeal to the OCTAP Steering Committee or other appeals
process adopted by the Committee.
C. Each participating OCTAP city will authorize some or all of the licensed taxi
companies to operate within their city and will notify the OCTA of those approved
IV.
V.
VI.
VII.
companies. No other companies or individuals may provide taxi service within the
city.
Authorized Taxicab Vehicles
A. Only taxicab vehicles approved by OCTAP .may operate within an OCTAP citY.
g.
The OCTAl) Steering COmmittee will develop policies and procedures for the
licensing of taxicabs, including provisions for periodic vehicle inspections:
C. Each city will determine the number of taxicabs authorized to operate within the
city.
D. Each city will enforce the OCTAP licensing requirements, prosecute violators, and
notify OCTA of such occurrences.
Authorized Taxicab Drivers
mo
The OCTAP Steering Committee will develop policies and procedures for the
permitting of taxicab drivers, including provisions for background checks and other
requirements adopted by OCTAP. The development of these policies will be based
on recommendations of the OCTAP Safety Committee.
· B.' OCTA will issue taxi driver permits for all participating OCTAP cities. Only
taxicab drivers permitted bY OCTA may operate within an OCTAP city.
C. Revocations and denials.of driver permits may be appealed to the OCTAP Steering
Committee or an appeals process approved by the Committee.
D. Each city will enforce the OCTAP permitting requirements and will promptly notify
OCTA of violations.
Public Complaints
A. Each participating OCTAP city will notify OCTA about public complaints
regarding taxicab companies, vehicles, and drivers within its jurisdiction. ~
OCTAP license and permit fees
m.
g.
A fee schedule for OCTAP functions will be proposed by the OCTAP
Administrator, reviewed by the OCTAP Steering Committee, and approved by the
OCTA Board of Directors. Each city-taxi ordinance shall provide that payment .of
OCTAP fees is required prior to furnishing taxi service.
The fee schedule is intended to achieve fUll cost recovery for all costs incurred by
OCTA in the administration of OCTAP. All fees will be collected and retained by
OCTA unless otherwise authorized by the OCTAP Steering Committee.
VIII.
IX.
Xo
C.
Changes to the fee schedule must be approved by the OCTAP Steering Committee
and the OCTA Board, with affected operators and drivers notified in advance of
such apprOval.
D. OCTA will not cOllect franchise fees, business license fees, or other fees imposed
by participating cities on taxi operators or drivers.
Taxi fares
m.
Each year the OCTAP Administrator will conduct a study of comparable taxicab ·
fares and recommend a fare schedule to the OCTAP Steering Committee. Each city
agrees to adopt the taxicab fare levels approved by the OCTAP Steering
Committee.
Other responsibilities
Ao
All policies, procedures, Ordinances, roles, etc. pertaining, to taxicab operators,
vehicles, drivers, fares, notices, safety, taxicab stands and pickup, hours of
operations, and all other functions not specifically provided for in these roles as
written or amended, will be the responsibility of each city.
Dispute ResOlution
Ae
The OCTAP Steering Committee will establish 'a dispute hearing process so that
drivers and operators may appeal license and permit decisions made by the OCTAP
Administrator.
Liability
Ao
OCTA is providing an administrative service on behalf of each participating city,
and is not assuming any' liability for the performance of taxicab operators, vehicles,
or drivers.
B. OCTA is not responsible for the enforcement of city ordinances.
Amendments
A. . These roles may be amended by a majority vote of the OCTAP Steering Committee
and approval of the OCTA Board of Directors.
ORDINANCE NO. 1211
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AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF TUSTIN,
CALIFORNIA, REPEALING .aRTICLE 3, CHAPTER 4, PART 1 OF THE
TUSTIN CITY CODE RELATING TO THE REGULATION OF TAXICABS
AND ADOPTING A NEW UNCODIFIED ORDINANCE PURSUANT TO THE
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1.
repealed:
Article .3, Chapter 4, Part 1 of the Tustin City Code is hereby
SECTION 2. A new taxicab ordinance is hereby added to the uncodified ordinances
of the Tustin Municipal Code to read as follows.
"TAXICABS"
2.1 DEFINITIONS
For the purpose of this Part, the words and phrases herein defined Shall be construed in
accordance with the following definitions.
A. "Charter Party Carder" includes those forms of transportation including airport
shuttles, limousines, etc. that are licensed by the Public Utilities Commission.
B. "City" means the City of Tustin.
C. "City authorization" means City authorization to operate a taxicab business in the
City.
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D. "Company" includes natural person, firm, association, organization, partnership,
business, trust, corporation or public entity.
21
E. "Driver" means a person who drives or controls the movements of a taxicab.
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"Driver's Permit" means a valid permit issued by OCTAP authorizing a person to
drive or control the movements of a taxicab.
"OCTAP" means the Orange CoUnty Taxi Administration Program administered by
the Orange County Transportation Authority.
"Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers
for hire in the City.
I. "Owner" means the registered owner or lessor of a taxicab.
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OCTAP ORDINANCE
Page 2
"Taxicab" means a vehicle operated within the jurisdiction 'of the City, capable of
carrying not more than eight persons, excluding the driver, and used. to carry
passengers for hire. The term shall exclude a vehicle operating as a Charter Party
Carrier licensed as such by' any state agency, including the Public Utilities
Commission, or any other vehicle having a Certificate of Public Convenience and
Necessity issued by any state agency, including the Public Utilities Commission.
K. "Taxicab Business Permit" means a valid permit issued by OCTAP authorizing a
person to operate a taxicab business.
L. "Taxicab Vehicle Permit" means a valid permit issued by OCTAP authorizing a
particular vehicle to be operated as a taxicab.
2.2 CITY BUSINESS LICENSE REQUIRED
A. A driver shall only operate a taxicab if the company .that owns the taxicab has a valid
business license issued by the City to operate a taxicab business in the City.
Bo
A company shall only allow a taxicab owned by the company to be operated if the
company has a valid business license-issued by the City to operate a taxicab business
in the City.
2.3 DRIVER'S PERMIT REQUIRED
A driver shall only operate a taxicab if that person possesses a Driver's Permit and'if a
City business license has been obtained. A company shall only allow a driver to operate a
taxicab owned by the company if that driver possesses a Driver's Permit and a valid
California Driver's License and if a City business license has been obtained.
2.4 TAXICAB VEHICLE PERMIT REQUIRED
A driver shall only operate 'a taxicab if that vehicle displays a Taxicab Vehicle Permit
and if a City business license has been obtained. A company shall only allow a taxicab
owned by the company to be operated in the City if that vehicle displays a Taxicab Vehicle
Permit and if a City business license has been obtained.
2.5 TAXICAB BUSINESS PERMIT REQUIRED
A driver shall only operate a taxicab business in the City if that person possesses a
Taxicab Business Permit and if a City business license has been obtained.
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OCTAP ORDINANCE
Page 3
2.6 APPLICATION FOR PERMITS
Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business Permit
shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an
application fee sufficient to cover the administrative costs of processing .said application as
established by the Orange County Transportation Authority.
2.7 TESTING FOR CONTROLLED SUBSTANCES AND ALCOHOL
A driver shall test negative for controlled substances and alcohol as required by
applicable state statutes.
2.8 LIABILITY INSURANCE REQUIRED
The company applying for a business license shall deliver to the Community
Development Department written proof of a policy of insurance consistent with OCTAP
regulations as adopted by City Council. No business license shall be valid for a taxicab
where liability insurance coverage for such vehicle has expired.
A driver operating a taxicab in the City shall carry proof of insurance covering that
vehicle, with such policy limits and coverage as established by OCTAP and adopted by
separate Resolution of the City Council. Said proof of insurance must identify the vehicle
covered.
2.9 NON-TRANSFERABILITY
No permit shall be assigned to, or used by, any driver, company or vehicle other than
the driver, company or vehicle named in such permit.
2.10 EQUIPMENT
A taxicab shall be equipped according to the standards established by OCTAP and
adopted by separate Resolution of the City Council.
2.11 MECHANICAL CONDITION
A taxicab shall be maintained according to the standards established by OCTAP and
adopted by Separate Resolution of the City Council.
2.12 OPERATIONAL REQUIREMENTS
A. A driVer shall only. carry a passenger to a deStination by the most direct and
accessible route.
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OCTAP ORDINANCE
Page 4
Bo
A taxicab shall have all permits conspicuously displayed according to the
standards established by OCTAP andshall have a valid business license issued by
the City.
Co
A taxicab shall have the following information continuously posted in a
prominent location in the taxicab passenger's compartment according to the
standards established by OCTAP and by this Code:
(1) A schedule of rates and charges for the hire of said taxicab;
(2) The driver's name and address;
(3) The name, address and telephone number of the company that owns the
vehicle;
(4) The taxicab identification number;
(5) The Driver's Permit; and
(6) The Taxicab Vehicle Permit.
D. A driver shall give a receipt for the amount charged upon the request of the person
paying the fare.
E. A taxicab shall only be operated if the passenger compartment is kept in a clean
and sanitary condition based on the standards set by OCTAP regulations.
F. A driver shall not leave a taxicab to solicit passengers.
Go
The name or trade name of the company and the number by which the taxicab is
designated shall be printed, stamped or stenciled conspicuously on the outside of
each taxicab according' to the standards established by OCTAP and by this Code..
2.13 RATES AND CHARGES
No driver shall charge rates and charges other than those established by OCTAP, City
Council and posted in the taxicab passenger' s compartment per Section 3422 (C) (1).
2.14 SEPARATE FROM BUSINESS LICENSING
The requirements of this Chapter are separate and independem from the business
licensing and any other provisions under the Tustin City Code.
OCTAP ORDINANCE
Page 5
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2.15 PENALTY
mo
Any person violating or failing to comply with any provision or mandatory
requirement of this Chapter shall be gUilty of a misdemeanor unless charged as an
infraction by the enforcement officer.
g.
Each person guilty t~f a misdemeanor or infraction shall be guilty of a separate
offense for each and every day during any portion of which any violation of any
provision of this Chapter is committed, continued or permitted by such person and
shall be punished accordingly.
Co
Any person who removes any notice or order posted as required in this Chapter,
for the purposes of interfering with the enforcement of the provisions of this
'Chapter, is guilty of a misdemeanor unless charged as an infraction by the
enforcement officer.
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Any owner, driver or person who owns or holds an interest in the Company which
has been issued a misdemeanor or infraction who obstructs, impedes or interferes
with any representative of a City department is guilty of a misdemeanor unless
charged as an infraction by the enforcement officer.
The penalties and procedures provided in this chapter shall be cumulative and in
addition to any other procedure or procedures provided in this Chapter or by state
law and shall not prejudice or affect any other action, civil or criminal, regarding
the misdemeanor or infraction charged by the enforcement officer.
F. Administrative Hearing
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(1) Upon a finding by the city official vested with the authority to enfOrce the
various provisions of this Chapter that a violation exists, he/she may notify
the person(s) deemed responsible for said violation(s) that a public hearing
shall be held befOre the Director of Community Development to hear and
determine the existence of said violation(s) and the anticipated compliance
necessary, i.e. abatement or other action required.
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(2)
(3)
Said notification shall be in writing setting forth the alleged violation(s) and
the anticipated action sought, and shall be given not later than ten days prior
to the scheduled date of the hearing.
The Director of Community Development may.preside over the hearing or, in
the alternative, appoint a hearing officer to conduct the hearing, receive
relevant evidence and to submit to the Director of Community Development
findings and recommendations to be considered by the Director of
Community Development.
OCTAP ORDINANCE
Page 6
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(4)
(5)
The Director of Community Development shall render its decision within
forty-five (45) days from the date of the hearing or, in the event that a hearing
officer has been appointed, within forty-five (45) days from the date on
which the Director of Community Development receives 'the findir~gs and
recommendations of the hearing officer.
Any person may appeal to the City Council any decision of the Director of
Community Development with respect to the findings and the
recommendations of the alleged violation(s) by filing a notice of appeal with
the Clerk of the Council. The Council shall thereupon fix a time and place
for hearing such appeal. The Clerk of the COuncil shall give notice to such
person of the time and place of hearing by serving it personally or by
depositing it in the United States Post Office at Tustin, .California, postage
prepaid, addressed to such person at his last known address. The Council
shall have the authority to determine all questions raised on such appeal. No
such determination shall conflict with any substantive provision of. this
Chapter.
15 2.16 SEVERABILITY
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It is declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this chapter form interrelated regulations for dealing with
the issues regarding taxicabs within the city, but that such sections, paragraphs, sentences,
clauses and phrases are distinct and severable and, in the event that any sections, paragraphs,
clauses and phrases are declared unconstitutional, invalid or unenforceable by any court of
competent jurisdiction, such unconstitutionality, 'invalidity or unenforceability shall not
affect any of the remaining sections, paragraphs,'clauses or phrases or this Chapter.
SECTION 3. Publication
This Ordinance shall take effect 30 days after final adoption.
PASSED AND ADOPTED this 1 ~ day of February 1999.
Thomas R. Saltarelli
Mayor
City Clerk