HomeMy WebLinkAbout12 TAXICAB DRIVER TEST 03-03-97NO. 12
3-3-97
MARCH 3, 1997
WILLIAM A. HUSTON, CITY MANAGER.
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1178, CONTROLLED SUBSTANCE/ALCOHOL TESTING
FOR TAXICAB SERVICE PROVIDERS
:SuIVIMARy:' 'Final'adoption o'f Ordinance 'No, 1178 regaCding manda~:°rYll
ContrOlled SubstanCe -and alcOhOl testing certification-pr°cedu:res:for:~'a~ib~a~b
transportation serviCe 'proViders .
RECOMMENDATION:
Have second 'reading by title only and adoption of Ordinance No. 1178 (roll call
vote).
BACKGROUND'
The following Ordinance No. 1178 had first reading and introduction at the February
18, 1997 City Council meeting'
ORDINANCE NO. 1178 - 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
Valerie Crabill
Chief Deputy City Clerk
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ORDiN~2gC£ NO. ! 1 !8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING
SECTIONS 3412 AND 3415 OF ~rIE 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 34!2b of the Tustin City Code is hereby
amended by adding a new Subsection (11) to read as follows:
(1!) 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 34!2b (i!), (12) , and (13)
are hereby renumbered as (12), (13), and (14) respectively.
Section 4. Section 34i2d (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 $. Section 34i2d 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 34i2k to read as follows:
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Ordinance Nc.
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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 34!5f; and provided %hat 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.
Section 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
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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.
~ection 11. Section 3415 of the Tustin City Code is hereby
amended by adding Subsection 34!5h 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.
Section 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 dase 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 alcohoi, 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.
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Ordinance No.
Page 4
Section ~4. Penalties fQr v~01~ign 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 cr 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 constisute
a nuisance and may be abated by the City through civil process by
means of restraining order, preliminary or pezwnanen5 injunction, or
in any other manner provided by !aw 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.
T~ACY WILLS WORLEY, Mayor
PAMELA STOKER, City Clerk