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HomeMy WebLinkAbout63 - Regulating and Licensing Taxicabs and Motor BusesORDINANCE NO. 63 AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, REGULATING AND LICENSING TAXICABS AND MOTOR BUSES AND THE DRIVERS THEREOF AND PRO- VIDING PENALTIES FOR THE VIOLATIONS THEREOF. The City Council of the City of Costa Mesa does ordain as follows: SECTION 1. DEFINITIONS. The following words and phrases, when used in this Ordinance, shall be construed as herein set forth, unless it is apparant from the context that a different meaning is intended. (a) "Certificate" means a certificate of public convenience and necessity issued pursuant to this ordinance. (b) "Taxicab" means every automobile or motor -propelled vehicle regularly engaged in the business of carrying passengers for hire upon any public street in the city and not over a regular or defined route, and irrespective of whether the operation extends beyond the boundaries of the city or not, excepting vehicles of transportation companies as herein defined. (c) "Transportation companies" includes every corporation or person engaged for compensation in the transportation of persons and property over public highways and streets over a regular route, by automobiles, buses, trucks, stage, auto stage, or other motor vehicles. F SECTION 2. CERTIATCATE NECESSARY. No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street, with inthe city without having first obtained a Certificate of Public Convenience and Necessity. So to do, in accordance with the provisions herof and without comly- ing with or having complied with all the provisions of this ordinance and such certificate, shall constitute a violation of this ordinance. SECTION 3. APPLICATION OF CERTIFICATE. An application for certificate shall be filed with the city fiscal officer upon forms provided by the city, and said application shall be verified and shall furnish the following information: (a) The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company, with the adiress of each. (b) A company schedule of the fares or rates to be charged. -1- (c) A description of every motor vehicle which the applicant proposes to use, including trade name, motor and serial number, state license number, stating cab body style. (d) The street number and exact location of the place where the applicant proposes to stand each such taxicab. (e) The distinct color scheme, name, monogram, and insignia which shall be used on each taxicab. (f) The name of the regular and registered owner of each such vehicle. (g) If say proposed stand. is In the public street, said application shall be accempanied by a written consent thereto of all the occupants of the ground floor of say building or loft in front of which said tssicab is to be located, and for twenty five (25) feet each way therefrom, or, if there is no sash oocupant, by the written consent thereto of the owner or lessee of such building or loft. (h) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant, and the nature of the transaction or acts giving rights to said judgments. (i) The experience of the applicant in the transportation of passengers. (J) Any facts which the anlicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate. (k) Such further information as the fiscal officer in the city MW require. SZCTIQff 4. NMIn ON APPZIOATIOB. Upon receipt of any such application, the city fiscal officer shall set a time, not less than ten (10) days or more than thirty (30) days thereafter for the hearing of said application before the city council, and shall give notice of the time so set at least five (5) days before the date of said hearing, to the Applicant by mail, at the address not out in such application, and to all persons to whom certificates of public convenience and necessity have been theretofore issued. SSOTIEW 5. ISSUANON OI'ONTIPIOATE. At the time set for the hearing of such application, the City Council may examine the applicant and all persons inter- ested in the matter not forth in said application, and, shall determine whether or not the public interest, convenience, and necessity requires the issuance of the certificate applied for, and if it I$ found by the Council that the public interest, Convenience and necessity requires the issmance of the certificate applied for, it -2- shall, by regulation, order the City Fiscal Officer to issue a certificate in accordance with said application, subject to the filing and approval of an undertaking as hereinafter in Section Z_, provided and subject to such condi- tions as may be imposed by said resolution, including the minimum and maximum number of vehicles that may be used. SECTION 6. GROUNDS FCR DENIAL. ,Any of the following reasons shall be sufficient for denial of said certificates (a) That the application is not in the form and does not contain the information required to be contained therein by this ordinance. (b) That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used. (c) That the color scheme, name, monogram, or insignia to be used upon such automobiles shall be in conflict with or imitate any color scheme, name, monogram, or insignia used by such person in such manner as may be deceiving or tend to deceive or fraud the public. (d) That the location of the stand as herein stated is such as to congest or interfere with travel on any public street, or that the proposed stand is within three hundred (300) feet of any other stand theretofore fixed by the City Council on the same street. (e) That the applicant has at some prior time had such a certificate rejected for reason. (f) That it small appear to the City Council that there are a suffi- cient number of taxicabs and automobiles for hire in the City to fully serve the public and that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the best interests demand and necessity does not require the issuance of such permit. SECTION 7. LIABILITY INSURANCE REQUIRED BEFORE A CERTIFICATE SHALL BE ISSUED BY THE CITY FISCAL OFFICER. The applicant to whom a certificate shall have been awarded by the City Council as aforesaid shall deliver to the City Fiscal Officer a policy of insurance executed by a company duly authorised under the laws of the State of California to be an insurance business, by the provisions of which policy the said company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of the automobiles referred to in said application, provided that the maximum amount for which -3- liability shall be "aimed for injury to or for death of one person in any one accident shall be not lose than Ton Thousand Dollars, 310,000.00),-aadd for injury to or death of more than one persom,in,.aay one accident shall be not less than Twenty Thousand Dollars, ($20000.00), and the mesimasm amount for which liability shall be assumed for injury to or destruction of property in any one accident shall be not less than Five Thousand Dollars, ($5,000.00). SMOTION 8. GROMS FOB RWWATI08. Any certificate or permit granted under the provisions of this ordinance =W be revoked by the City Council, either as a whole or as to any automobile described therein or as to the right to use any distinctive color, monogram, or insignia, after five (5) daysr notice to the certificate holder requiring him to appear at a certain time and place to show cause why the certificate shall not be revoked for any of the following reasons: (a) That the undertaking provided for in Section 7 has not been given or has been withdrwn or lapsed for non-payment of the premium, or is not in force for say reason. (b) For the non-payment of any license fees provided by the schedule. (c) Failure to obey any of the rules or regulations or provisions set out in this ordinance or in this certificate. (d) For the violation of any of the laws of the State of California, or ordinances of the City by any certificate holder, operator or driver of any taxicab covered by such certificate, (e) For failure to maintain satisfactory service to the public by means of MY of the vehicles described in the application or for failure to keep any such vehicle in use for an unreasonable length of tins, or for failure to use the distinctive coloring, monogram, or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application. (f) For any cause which, in the opinion of the City Council, makes it contrary to the public interest, convenience, and necessity for the certificate or permit to be centinued. SECTION 9. APPLICATION FOB FMISSIOB TO CRWa'. In the event that any certificate holder desires to change his schedule of rates or charges, or the color scheme, or any monogram or insignia used on such taxicab, or to sub- stitute any vehicle for mead in place of the vehicle described in the application, or to increase or decrease the number of vehicles used as taxicabs, application to the City Council shall be made for permission to do so, and the City Council shall grant such permission if it deers the public interest, convenience and necessity will be served by the change, and if the certificate holder has com- plied with all the provisions in this ordinance. SDCTICK 10. 'Pl OAD 3T,MS, The City Council may, by resolution, specify stands at which such taxicabs may be parked, pursuant to the provisions of any ordinance or law now in effect, or that may be hereafter enacted governing the parking of motor vehicles within the City, and may, by such resolutions, specify the nature and extent of the use to which such stands may be devoted. Said stands shall consist of one car space, to be marked off, painted, and reserved for such taxicabs only. SZOTIOg 11. BDDI M TO PAY PAP3. No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same, with the intent to defraud the person from whom it is hired,. SWTI0ff 12. RUL= AND RNGULATIONS, The following rales and regula- tions shall be observed by all persons operating taxicabs: (a) Disc, tiwtiv,T hat. Any person driving a taxicab shall wear a distinctive hat with a badge in plain sight, inscribed with the name of the person to whom the certificate has been issued. (b) Immure No taxicab shall be operated in the City unless the undertaking provided for in Section 7 of this ordinance is in full force and effect. (c) AtasdlAR oa vubl is jAreete 8o taxicab shall remain standing upon any portion of any public street within the City, except for loading and unloading passengers, and then not for a< period of more than five (5) minutes, excepting at such stands as may be designated by the City Council. This Section shall not apply to any taxicab while the same is engaged by and being paid for by a passenger. (d) Consent MWs_Qa�ters* No operator or owner of any taxicab shall solicit or carry any passenger after such taxicab shall have been engaged, or while in use for another passenger, without the consent of the passenger first engaging the same has first been obtained. 1 passenger or passengers engaging such taxicabs shall have the exclusive right to fall and free use of the passenger compartment and the whole thereof, if he desires the saws. (e) ,Wf , direct Nom. The operator of any taxicab shall carry any passenger engaging the same safely and expeditiously to his destination by the most direct and accessible route. (f) Prevaine li_ tie, 10 person shall operate any taxicab without prepaying any license fee required by the City for the transaction of any swh business. (g) Meathanisal 6,e tion. All taxicabs shall be kept in good meehani- cal condition. (h) Drivgrts license a4 nermi . No person shall drive a taxicab in the City without first having obtained a Califernia chauffeurts license; also, a City of Costa Mesa taxicab driveras permit, issued in writing by the Chief of Police of the City, as prodded in this ordinance. (i) Post&W Mosearr inforastion. Ivory taxicab shall have posted, in the passenger's compartment, a schedule of rates sad charges for the hire of said vehicle; also a card bearing the driver's new and address as hereinafter provided, and another card bearing the owner's name, address and telephone number, the cab number, and the City Police Department telephone number; all contained I& a small, metal container or holder, at least three (3) to fear (4) inches in size and placed in a conspicuous place in the passenger compartment. (k) Charge. No charge shall be made by any operator or owner of a taxicab lower than or in excess of the rates posted in the passenger compartment of said car and approved by the City Council. (1) Clean Compartment. No taxicab shall be operated unless the passen- ger compartment be kept clean and in sanitary condition. (m) Fire Extinguisher. Nary taxicab shall be equipped at all times with a standard type fire extinguisher in good working condition. (n) Operating Without License. No person shall solicit, or pick up passengers for pay within the City for transportation in any cab, taxicab, auto- mobile, station wagon, or bus, not licensed by and carrying a Certificate to do so from and by the City Council, excepting only basses operating under authority of the Public Utilities Commission. (o) Driver's Permit Requirements. No person shall drive or operate a taxicab in the City without first obtaining a permit in writing so to do from .-06M the Chief of Police. Any person desiring to obtain such driver's permit shall make a written application therefor to the Chief of Police accompanied by a fee of $1.00. No permit shall be issued to any person under the age of eighteen years, or to any person not a Citizen of the United States or who has not lawfully declared intention of becoming such, or to any person who has been convicted of a felony or to any person who within a period of two years, immediately preceding such application, has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs, or convicted of the violation of any of the provisions of the Alcoholic Beverage Control Act of the State of Calif- ornia, or to any person who is for any reason whatsoever unable or incompetent to safely handle such automobile. Each such applicant shall demonstrate his skill and ability to safely handle his vehicle in driving it through the crowded sections of the City accompanied by an inspector designated by the Chief of Police. No driveres permit shall be granted to any person who is not of a good moral character or who cannot speak the English language or who does not hold a chauffeur's license issued by the Motor Vehicle Department of the State, or who is not sufficiently ac- quainted with the laws or ordinances regulating the operation of motor vehicles. Any falsification on the application for said permit will be grounds for the refusal of said permit. (p) Personal Avvearance. Before a permit is granted to any applicant, said applicant shall present himself to the Police Department, furnish an acceptable photograph and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of said Police Department. (q) Identification Card. Upon obtaining said permit said driver or operator shall at all times ]seep posted in full view in the vehicle operated by him an identification card not less than 4 inches by 6 inches in size, furnished by the Chief of Police, which shall have plainly printed thereon the name of said driver or operator, his business address and telephone number, his permit number and his photo- graph. (r) Exviration of Permit. All permits to operate a taxicab shall expire one year from the date of issue. Applications for renewal shall be made within thirty days before the date of expiration of said permit. If so made within the period prescribed, such renewal shall be made without charge. Said permits are personal and not transferablb,. (s) Revocation. The Chief of Police may revoke or suspend any such driver's permit so issued for any violation of the provisions of this Ordinance by the holder of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such state of facts existed at the time application was made for such permit or came into existence thereafter. (t) APPEAL. In the event of a refusal, revocation or suspension of any driverts permit by the Chief of Police, said applicant or permittee may appeal from said decision to the City Council, which may in its deseretion affirm, re- verse or modify the rule made by said Chief of Police. (u) TAXICAB NUMBER. Every certificate holder shall designate each of his taxicabs by number, and no two taxicabs of any certificate holder shall be designated by the same number. The name or trade name of the certificate holder and the number by which the taxicab is designated shall be printed, stamped or stencilled conspicuously on the outside of each taxicab and in the passenger compartment thereof. (v) PERMIT and CERTIFICATE NON -TRANSFERABLE. No certificate or permit issued under the terms of this Ordinance shall be transferable either by contract or operation of law without the permission of the City Council having been first obtained, and any such attempted transfer shall be sufficient cause for revocation thereof. SFCTION 13. This Ordianance, together with the names of the members of the City Council voting for and against the same shall be published once in the Costa Mesa Globe Herald, a newspaper printed and published in the County of Orange, and shall take effect and be in force thirty (30) days from and after its passage. PASSED and adopted this 7th day of March, 1955. ATTEST: ayo he City of Costa Mesa 1049" i::*" - City Clerk of the City o Costa Mesa W:E' STATE OF' CALIFORNIA ) ) SS County of Orange ) I, A. C. Swartz, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 7th day of March,1955, the foregoing Ordinance was considered section by section, and that said Ordinance was then passed and adopted as a whole by the following vote: AYES: Councilmen Martin, Nelson, Smith, TeWinkle and Pinkloy NOES: Councilmen - None ABSENT: Councilmen - None IN WITNESS *ERE I have hereunto set my hand and affixed the official seal of the City of Costa Mesa this 10th day of March, 1955. A. C. Swartz, City Clerk -a ex- o icio Clerk of the City Council of theCity of Costa Plesa