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HomeMy WebLinkAboutORD 1211 (1999) ORDINANCE NO. 1211 I 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING A~RTICLE 3, CHAPTER 4, PART 1 OF THE '9 · -' TUSTIN CITY CODE RELATING TO THE REGULATION OF TAXICABS AND ADOPTING A NEW UNCODIFIED ORDINANCE PURSUANT TO THE ORANGE COUNTY TAXI ADI~HNISTRATION PROGRAM 5 The City Council of the City of Tustin does hereby ordain as follows: 6 / 7 SECTION 1. Article 3, Chapter 4, Part 1 of the Tustin City Code is hereby repealed: 8 · SECTION 2.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" lI 2.1 DEFINITIONS 12 For the purpose of this Part, the words and phrases herein defined shall be construed in 13 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. 17 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. 27 ' I. "Owner" means the registered owner or. lessor of a taxicab. OCTAP ORDINANCE Page 2 1 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. 15 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 t8 California Driver's License and if a City business license has been obtained. 2.4 TAXICAB VEHICLE PERMIT REQUIRED 20 A driver shall only operate 'a taxicab if that vehicle displays a Taxicab Vehicle Permit 2! 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. PB 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 I 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 7 A driver shall test negative for controlled substances and alcohol as required by 8 applicable state statutes. 9 2.8 LIABILITY INSURANCE REQUIRED 10 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. t3~ 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. 16 . 2.9 NON-TRANSFERABILITY 17 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 20 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 26 A. A driver shall only. carry a passenger to a destination by the most direct and 27 accessible rome. t I OCTAP ORDINANCE Page 4 1 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. ,t 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; 8 (2) The driver's name and address; 9 (3) The name, Mdress and telephone number of the company that owns the 10 vehicle; 11 (4) The taxicab identification number; 12 (5) The Dfiver's Permit; and 13 (6) The Taxicab Vehicle Permit. 14 15 D. A driver shall give a receipt for the amount charged upon the request of the person paying the fare. I6 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. 18 F. A driver shall not leave a taxicab to solicit passengers. 19 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 1 2 2.I5 PENALTY 3 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. 5 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. 8 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. ' 11 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. 14 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. 17 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 27 findings and recommendations to be considered by the 'Director of 9.28 Community Development. OCTAP ORDIN.~NCE Page 6 1 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. 5 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 8 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. 2I '- 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