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Home My WebLink About11 ORD. 1178 02-18-97DATE' FEBRUARY 6, 1997 NO. 11 2-18-97 In t e r- C o rn ----.~:.,_¥_.. TO: CITY MANAGER FROM: POLICE DEPARTMENT SUBJECTORDINANCE NO. 1178 Recommendation The City Council have first reading by title only and introduction of Ordinance No. 1178. Fiscal Impact Enactment of Ordinance No. 1178 does not have any discernible fiscal impact on the City of Tustin. Background In providing full compliance with the requirements of the Government Code, this amendment also directs that testing be performed every two years after issuance of a permit. Penalties for violation of this ordinance and remedies available to the City through civil process are also clearly delineated. The City Attorney has read and approved the recommended provisions of this amendment. STEVE FOSTER, Captain Acting Chief of Police SF:kh ORDINANCE NO. 1178 l0 ]2 16 17 20 2! 22 23 24 25 26 27 2g AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 3412 AND 3415 OF THE TUSTIN CITY CODE REGARDING THE LICENSING AND OPERATION OF TAXICAB SERVICES The City Council of the City of Tustin hereby ordains as follows: Section 1. This ordinance is enacted under the authority of Government Code Section 53075.5, which requires each City to adopt an ordinance regarding taxicab transportation services which includes, among other things, a mandatory controlled substance and alcohol testing certification program for taxicab drivers. Section 2_. Section 3412b of the Tustin City Code is hereby amended by adding a new Subsection (11) to read as follows: (11) Written evidence satisfactory to the Chief of Police that no employment, or an offer of employment as a taxicab driver shall be made to any prospective employee by the applicant unless the prospective employee has, within the previous year, tested negative for controlled substances and/or alcohol, and has not subsequently tested positive, as specified and required in California Government Code Section 53075.5(b) (3), or any successor provision thereto. Section 3. Existing Sections 3412b (11), (12), and (13) are hereby renumbered as (12) , (13) , and (14) respectively. Section 4. Section 3412d (7) of the Tustin City Code is hereby amended to read as follows: (7) That' the schedule of rates of fare proposed to be charged are fair and reasonable; and Section 5. Section 3412d of the Tustin City Code is hereby amended by adding Subsection (8) to read as follows: (8) That the applicant has in place a policy wherein no prospective taxicab driver shall be employed by applicant unless that person has, within the previous year, tested negative for controlled substances and/or alcohol, and has not subsequently tested positive, as specified and required in California Government Code Section 53075.5(b) (3), or any successor provision thereto. Section 6. Section 3412 of the Tustin City Code is hereby amended by adding Subsection 3412k to read as follows: 1 2 3 4 5 6 7 8 9 }o12 1 lO 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 1 lOO-i 37624 Ordinance No. 1178 Page 2 k Evidence of Drug and Alcohol Testing Every two years after issuance of the permit, each permittee shall provide written evidence satisfactory to the Chief of Police that the permittee has complied, and currently complies, with the provisions of California Government Code Section 53075.5(b) (3), or any successor provision thereto, pertaining to pre-employment testing of drivers for controlled substances and alcohol. Section 7. Section 3415b of the Tustin City Code is hereby amended by adding Subsection (8) to read as follows: (8) Written evidence satisfactory to the Chief of Police that, within the previous year, the applicant has tested negative for controlled substances and/or alcohol, and has not subsequently tested positive, as specified and required in California Government Code Section 53075.5(b) (3), or any successor provision thereto. Section 8.. Section 3415d of the Tustin City Code is hereby amended by amending Subsection (8) and adding Subsection (9) to read as follows: (8) Who falsifies the application of said permit; (9) Who has teSted positive for controlled substances and/or alcohol in any test administered in compliance with Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. A driver's permit shall remain valid indefinitely, provided that the driver shall submit periodic evidence of a negative drug test as required by Section 3415f; and provided that the validity of the permit shall expire upon the driver terminating his employment with the employer for whom the permit was issued, and provided that the permit may be terminated by revocation by the Chief of Police for cause as otherwise provided in this Part. $¢Gtion 9. Section 3415 of the Tustin City Code is hereby amended by adding Subsection 3415f to read as follows: f Periodic drug and alcohol testing Every two years after issuance of the permit, each permittee shall provide written evidence satisfactory to the Chief of Police that the 10 12 14 15 16 17 18 20 21 22 23 24 25 26 27 28 Ordinance No. Page 3 1178 permittee has, within the previous year, tested negative for controlled substances and/or alcohol, and has not sUbsequently tested positive, as specified and required in California Government Code Section 53075.5(b) (3), or any successor provision thereto. Section 10. Section 3415 of the Tustin City Code is hereby amended by adding Subsection 3415g to read as follows: g Use of information from drug and alcohol tests No evidence derived from a positive test for controlled substances and/or alcohol as required by this Section shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances; however such evidence shall not be precluded from use in the prosecution of other related or unrelated offenses. Section 11. Section 3415 of the Tustin City Code is hereby amended by adding Subsection 3415h to read as follows: h Fees Each applicant and permittee shall pay a service charge for the City's administrative costs to monitor the controlled substance and alcohol testing provision of Sections 3412 and 3415. Said fee shall be set by resolution of the City Council. SectiQn 12. Each currently permitted taxicab owner/operator and taxicab driver performing service within the City on the effective date of this ordinance shall have sixty (60) days from the effective date hereof to provide written evidence that (a) such owner/operator is in compliance with the provisions of California Government Code Section 53075.5(b) (3) and this ordinance pertaining to pre-employment testing of drivers for controlled substances and alcohol; or, (b) such taxicab driver has, within the previous year, tested negative for a controlled substance or alcohol, and has not subsequently tested positive, as required by the provisions of said Government Code Section and this ordinance. Section 13. If any section, subsection, sentence, clause, phrase or portion 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, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. I1( 1 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1100- 37624 Ordinance No. Page 4 1178 Section 14. Penalties for Violation of Ordinance. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance hereby adopted. Any person, firm, partnership or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both fine and imprisonment. Each and every person, firm~ partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this ordinance. Section 15. Civil Remedies Available. The violation of any of the provisions of this ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 1997. TRACY WILLS WORLEY, Mayor PAMELA STOKER, City Clerk ~012