HomeMy WebLinkAboutORD 1178 (1997) 1 ORDINANCE NO. 1178
2
AN ORDINANCE OF THE CITY COUNCIL OF THE
3 CITY OF TUSTIN, CALIFORNIA, AMENDING
SECTIONS 3412 AND 3415 OF THE TUSTIN CITY
4 CODE REGARDING THE LICENSING AND
OPERATION OF TAXICAB SERVICES
6 The City Council of the City of Tustin hereby ordains as
follows:
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Section 1. This ordinance is enacted under the authority
s of Government Code Section 53075.5, which requires each City to
adopt an ordinance regarding taxicab transportation services which
9 includes, among other things, a mandatory controlled substance and
alcohol testing certification program for taxicab drivers.
10
SectiQn 2- Section 3412b of the Tustin City Code is hereby
1! amended by adding a new Subsection (11) to read as follows:
12 (11) Written evidence satisfactory to the Chief of
Police that no employment, or an offer of
]3 employment as a taxicab driver shall be made to any
prospective employee by the applicant unless the
]4 prospective employee has, within the previous year,
tested negative for controlled substances and/or
lS alcohol, and has not subsequently tested positive,
as specified and required in California Government
]6 Code Section 53075.5(b)(3), or any successor
provision thereto.
]7
Section 3. Existing Sections 3412b (11), (12), and (13)
18 are hereby renumbered as (12), (13), and (14) respectively.
]9 Section 4. Section 3412d (7) of the Tustin City Code is
hereby amended to read as follows:
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(7) That the schedule of rates of fare proposed to
21 be charged are fair and reasonable; and
22 Section 5. Section 3412d of the Tustin City Code is hereby
amended by adding Subsection (8) to read as follows:
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(8) That the applicant has in place a policy
24 wherein no prospective taxicab driver shall be
employed by applicant unless that person has,
2s within the previous year, tested negative for
controlled substances and/or alcohol, and has not
26 subsequently tested positive, as specified and
~equired in California Government Code Section
27 53075.5(b)(3), or any successor provision thereto.
2g SectiOn $. Section 3412 of the Tustin City Code is hereby
amended by adding Subsection 3412k to read as follows:
Ordinance No. 1178
Page 2
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k Evidence of Drug and Alcohol Testing
Every two years after issuance of the permit, each
4 permittee shall provide written evidence
satisfactory to the Chief of Police that the
5 permittee has complied, and currently complies,
with the provisions of California Government Code
6 Section 53075.5(b)(3), or any successor provision
thereto, pertaining to pre-empl0yment testing of
7 drivers for controlled substances and alcohol.
s Section 7. Section 3415b of the Tustin City Code is hereby
amended by adding Subsection (8) to read as follows:
9
(8) Written evidence satisfactory to the Chief of
10 Police that, within the previous year, the
applicant has tested negative for controlled
1! substances and/or alcohol, and has not subsequently
tested positive, as specified and required in
]2 California Government Code Section 53075.5(b)(3),
or any successor provision thereto.
]3
Section 8. Section 3415d of the Tustin City Code is hereby
]4 amended by amending Subsection (8) and adding Subsection (9) to
read as follows:
]5
(8) Who falsifies the application of said permit;
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(9) Who has tested positive for controlled
]7 substances and/or alcohol in any test administered
in compliance with Part 40 (commencing with Section
is 40.1) of Title 49 of the Code of Federal
Regulations.
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A driver's permit shall remain valid indefinitely,
20 provided that the driver shall submit periodic
evidence of a negative drug test as required by
2] Section 3415f; and provided that the validity of
the permit shall expire upon the driver terminating
22 his employment with the employer for whom the
permit was issued, and provided that the permit may
23 be terminated by revocation by the Chief of Police
for cause as otherwise provided in this Part.
24
Section 9. Section 3415 of the Tustin City Code is hereby
25 amended by adding Subsection 3415f to read as follows:
26 f Periodic drug and alcohol testing
27 Every two years after issuance of the permit, each
permittee shall provide written evidence
2s satisfactory to the Chief of Police that the
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376~ I
Ordinance No. 1178
Page 3
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2 permittee has, within the previous year, tested
negative for controlled substances and/or alcohol,
3 and has not subsequently tested positive, as
specified and required in California Government
4 Code Section 53075.5(b)(3), or any successor
provision thereto.
5
Section 10. Section 3415 of the Tustin City Code is hereby
6 amended by adding Subsection 3415gto readas follows:
7 g Use of information from drug and alcohol tests
8 No evidence derived from a positive test for
controlled substances and/or alcohol as required by
9 this Section shall be admissible in a criminal
prosecution concerning unlawful possession, sale or
lo distribution of controlled substances; however such
evidence shall not be precluded from use in the
ll prosecution of other related or unrelated offenses.
12 Section 11. Section 3415 of the Tustin City Code is hereby
amended by adding Subsection 3415h to read as follows:
13
h Fees
]4
Each applicant and permittee shall pay a service
]s charge for the City's administrative costs to
monitor the controlled substance and alcohol
16 testing provision of Sections 3412 and 3415. Said
fee shall be set by resolution of the City Council.
17
Section 12. Each currently permitted taxicab owner/operator
18 and taxicab driver performing service within the City on the
effective date of this ordinance shall have sixty (60) days from
19 the effective date hereof to provide written evidence that (a) such
owner/operator is in compliance with the provisions of California
20 Government Code Section 53075.5(b)(3) and this ordinance pertaining
to pre-employment testing of drivers for controlled substances and
21 alcohol; or, (b) such taxicab driver has, within the previous year,
tested negative for a controlled substance or alcohol, and has not
22 subsequently tested positive, as required by the provisions of said
Government Code Section and this ordinance.
23
Section 13. If any section, subsection, sentence, clause,
24 phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
2s competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
26 the City of Tustin hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or
27 portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be
28 declared invalid or unconstitutional.
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Ordinance No. 1178
Page 4
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2 $~C~ion 14. Penalties for Violation of OrdinanCe. It shall
be unlawful for any person, firm, partnership or corporation to
3 violate any provision or to fail to comply with any of the
requirements of this ordinance hereby adopted. Any person, firm,
4 partnership or corporation violating any provision of this
ordinance or failing to comply with any of its requirements shall
5 be deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine not exceeding $1,000, or by imprisonment not
6 exceeding six months, or by both fine and imprisonment. Each and
every person, firm, partnership, or corporation shall be deemed
7 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
s ordinance is committed, continued or permitted by such person,
firm, partnership or corporation, and shall be deemed punishable
9 therefor as provided in this ordinance.
10 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
12 in any other manner provided by law for the abatement of such
nuisances.
13
PASSED AND ADOPTED, at a regular meeting of the City Council
14 for the City of Tustin on this 3rd day of March, 1997.
16 ~TRA~WORLEY,
17
PAMELA STOKER, C~ty Clerk
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1100. X)12
3762~ 1
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1178
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. 1178 was introduced at
at regular meeting of the City Council on February 18, 1997, and was
passed and adopted at aregular meeting of the City Council held on
March 3, 1997 by the'following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Potts, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pa~Ia '~toker, Ct'e~ Clerk