HomeMy WebLinkAboutORD 1211 (1999) ORDINANCE NO. 1211
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2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REPEALING A~RTICLE 3, CHAPTER 4, PART 1 OF THE
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· -' TUSTIN CITY CODE RELATING TO THE REGULATION OF TAXICABS
AND ADOPTING A NEW UNCODIFIED ORDINANCE PURSUANT TO THE
ORANGE COUNTY TAXI ADI~HNISTRATION PROGRAM
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The City Council of the City of Tustin does hereby ordain as follows:
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7 SECTION 1. Article 3, Chapter 4, Part 1 of the Tustin City Code is hereby
repealed:
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· SECTION 2. A new taxicab ordinance is hereby added to the uncodified ordinances
9 of the Tustin Municipal Code to read as follows.
i0 "TAXICABS"
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2.1 DEFINITIONS
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For the purpose of this Part, the words and phrases herein defined shall be construed in
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accordance with the following definitions.
A. "Charter Party Carrier" includes those forms of transportation including airport
15 shuffles, limousines, etc. that are licensed by the Public Utilities Commission.
B. "City" means the City of Tustin.
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C. "City authorization" means City authorization to operate a taxicab business in the
18 City.
19 D. "Company" includes natural person, firm, association, organization, partnership,
20 business, trust, corporation or public entity.
21 E. "Driver" means a person who drives or controls the movements of a taxicab.
"~ F. "Driver's Permit" means a valid permit issued by OCTAP authorizing a person to
2,3 drive or control the movements of a taxicab.
9t G. "OCTAP" means the Orange County Taxi Administration Program administered by
the Orange County Transportation Authority.
26 H. "Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers
for hire in the City.
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I. "Owner" means the registered owner or. lessor of a taxicab.
OCTAP ORDINANCE
Page 2
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2 J. "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
4 Carrier licensed as such by any state agency, including the Public Utilities
Commission, or any other vehicle having a CertifiCate of Public Convenience and
5 Necessity issued by any state agency, including the Public Utilities Commission.
K. "Taxicab Business Permit" means a valid permit issued by OCTAP authorizing a
7 ' person to operate a taxicab business.
8 L. "TaxiCab .Vehicle Permit" means a valid permit issued by OCTAP authorizing a
~o particular vehicle to be operated as a taxicab.
10 2.2 CITY BUSINESS LICENSE REQUIRED
11 A. A driver shall only operate a taxicab' if the company that owns the taxicab has a valid
12 business license issued by the City to operate a taxicab business in the City.
! 3 B. 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
14 in the City.
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2.3 DRIVER' S PERMIT REQUIRED
: A driver shall only Operate a taxicab if that person possesses a Driver's Permit and if a
17 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
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California Driver's License and if a City business license has been obtained.
2.4 TAXICAB VEHICLE PERMIT REQUIRED
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A driver shall only operate 'a taxicab if that vehicle displays a Taxicab Vehicle Permit
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and if a City business license has been obtained. A company shall only allow a taxicab
-,"9. 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.
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2.5 TAXICAB BUSINESS PERMIT REQUIRED
9.25 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.
OCTAP ORDINANCE
Page 3
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2: 2.6 APPLICATION FOR PERI%IITS
Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business Permit
4 shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an
5 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
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A driver shall test negative for controlled substances and alcohol as required by
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applicable state statutes.
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2.8 LIABILITY INSURANCE REQUIRED
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The company' applying for a business license shall deliver to the Community
11 Development Department written proof of a policy of insurance consistent with OCTAP
12 regulations as adopted by City Council. No business license shall be valid for a taxicab
where liability insurance coverage for such vehicle has expired.
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A driver operating a taxicab in the City shall c.arry proof of insUrance covering that
14 vehicle, with such policy limits and coverage as established by OCTAP and adopted by
15 separate Resolution of the City Council. Said proof of insurance must identify the vehicle
covered.
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2.9 NON-TRANSFERABILITY
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18 No permit shall be assigned to, or used by, any driver, company or vehicle other than
19 ~ ~ 'the driver, company or vehicle named in such permit.
2.10 EQUIPMENT
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21 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
25 A taxicab shall be maintained according to the standards established by OCTAP and
adopted by ~eparate Resolution of the City Council.
2.12 OPERATIONAL REQUIREMENTS
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A. A driver shall only. carry a passenger to a destination by the most direct and
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accessible rome.
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OCTAP ORDINANCE
Page 4
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2 B. A taxicab shall have all permits conspicuously displayed according to the
B standards established by OCTAP and shall have a valid business license issued by
the City.
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C. A taxicab shall have the following information continuously posted in a
5 prominent location in the taxicab passenger's compartment according to the
6 standards established by OCTAP and by this Code:
7 (1) A schedule of rates and charges for the hire of said taxicab;
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(2) The driver's name and address;
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(3) The name, Mdress and telephone number of the company that owns the
10 vehicle;
11 (4) The taxicab identification number;
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(5) The Dfiver's Permit; and
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(6) The Taxicab Vehicle Permit.
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15 D. A driver shall give a receipt for the amount charged upon the request of the person
paying the fare.
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E. A taxicab shall only be operated if the passenger compartment is kept in a clean
17 and sanitary condition based on the standards set by OCTAP regulations.
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F. A driver shall not leave a taxicab to solicit passengers.
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G. The name or trade name of the company and the number by which the taxicab is
20 designated shall be printed, stamped or stenciled conspicuously on the outside of
21 each taxicab according' to the standards established by OCTAP and by this Code..
~ 2.13 RATES AND CHARGES
2,3 No driver shall charge rates and charges other than those established by OCTAP, City
9_~ Council and posted in the taxicab passenger's compartment per Section 3422 (C) (1).
25 2.14 SEPARATE FROM BUSINESS LICENSING
26 The requirements of this Chapter are separate and independent .from the business
27 licensing and any other provisions under the Tustin City Code.
OCTAP ORDINANCE
Page 5
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2 2.I5 PENALTY
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A. Any person violating or failing to comply with any provision or mandatory
4 requirement of this Chapter shall be, guilty of a misdemeanor unless charged as an
infraction by the enforcement officer.
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6 B. Each person guilty of 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
7 provision of this Chapter is conm~itted, continued or permitted by such person and
shall be punished accordingly.
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9 C. 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
10 Chapter, is guilty of a misdemeanor unless charged as an infraction by the
enforcement officer. '
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12. D. 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
!3 with any representative of a City deparm:ent is guilty of a misdemeanor unless
charged as an infraction by the enforcement officer.
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15 E. Tlie 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
16 law and shall not prejudice or affect any other action, civil or criminal, regarding
the misdemeanor Or infraction charged by the enforcement officer.
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18 F. Administrative Hearing
I9 (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
20 the person(s) deemed responsible for said violation(s) that a public hearing
21 shall be held bef6re the Director of Community Development to hear and
determine the existence of said violation(s) and the anticipated compliance
',22 necessary, i.e. abatement or other action required.
23 (2) 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.
(3) The Director of Community Development may.preside over the heating or, in
26 the alternative, appoint a hearing officer to conduct the hearing, receive
relevant evidence and to submit to the Director of Community Development
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findings and recommendations to be considered by the 'Director of
9.28 Community Development.
OCTAP ORDIN.~NCE
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2 (4) The Director of Community Development shall render its decision within
3 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
4 which the Director of Community Development receives 'the findings and
recommendations of the hearing officer.
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6 (5) Any person may appeal to the City Council any decision of the Director of
Community Development with respect to the findings and' the
7 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
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for hearing such appeal. The Clerk of the COuncil shall give notice to such
9 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
i0 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
il such determination shall conflict with any substantive provision of, this
I2 Chapter.
13 2.16 SEVEtL4~BILITY
14 It is declared to be the intention of the City Council that the sections, paragraphs,
15 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,
16 clauses andplirases 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
17 competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not
18 affect any of the remaining sections, paragraphs, clauses or phrases or this Chapter.
I9 SECTION 3. Publication
20 This Ordinance Shall take effect 30 days after final adoption.
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PASSED AND ADOPTED this 16th day of February, 1999.
Thomas S ni'
24 Mayor
26 ~ k
27 r .. .
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
'"' CITY OF TUSTIN )
ORDINANCE NO. 1211
Pamela Stoker, City' Clerk and ex~officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance No. 1210 was introduced at a
regular meeting of the City Council on February 1, 1999, and was. passed and adopted at a
regular meeting of the City Council held on February 16, 1999 by the following vote:
COUNCILMEMBER AYES: Saltarelli, Worley, Doyle, Potts, Thomas
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
.~mela Stoker, City Clerk