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Home My WebLink About97-33 Regulation of Taxicabs Pursuant to OC Taxi Administration ProgramORDINANCE NO. 97- 93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 9- 27 OF ARTICLE 4 AND ARTICLE 16 OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE REGULATION OF TAXICABS PURSUANT TO THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 9-27 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 9-27 Vehicle for Hire and Bus. (a) Every person engaged in, managing, conducting, or carrying on the business of selling from a vehicle (whether at retail or wholesale), delivering, picking -up, or transporting foods, goods, merchandise, freight, machinery, sand, gravel, or other articles or commodities, or operating a bus, or other vehicle transporting passengers for hire, shall pay an annual business tax of twenty-five dollars ($25.00) per vehicle. (b) This section shall not apply if the above activity is merely incidental to the primary business which is taxed under another section of this article. (c) Taxicabs are not subject to subsection (a) and are required to pay a fee for a business license set by resolution of City Council pursuant to the Orange County Taxi Administration Program." Section 2. Article 16 of Title 9 of the Costa Mesa Municipal Code is hereby amended to read as follows: "ARTICLE 16. TAXICABS. Sec. 9-240. Definitions. The following words and phrases, when used in this Chapter, shall be construed as herein set forth, unless it is apparent from the context that a different meaning was intended. (a) City means City of Costa Mesa. (b) City authorization means City business license to operate a taxicab business in the City. (c) Driver means a person who drives or controls the movements. of a taxicab. (d) Driver's Permit means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab. (e) OCTAP means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority. (f) Operate a taxicab means to drive a taxicab and either solicit or pick up passengers for hire in the City. (g) Owner means the registered owner or lessor of a taxicab. (h) Person includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. (i) Taxicab means a vehicle operated within 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 Carrier licensed as such by any state agency, including 2 the Public Utilities Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. 6F) Taxicab Business Permit means a valid permit issued by OCTAD authorizing a person to operate a taxicab business. (k) Taxicab Vehicle Permit means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab. Sec. 9-241. City Business License Required. (a) A person shall only operate a taxicab if the owner of that taxicab is authorized by a business license issued by the City to operate a taxicab business in the City. (b) An owner shall only allow a taxicab owned by the owner to be operated if the owner is authorized by a business license issued by the City to operate a taxicab business in the City. (c) It shall be unlawful for any person to engage in the business of providing taxicab service or of operating a taxicab upon any public street within the City, without having first obtained a Driver's Permit, Taxicab Business Permit, Taxicab Vehicle Permit and a business license. Sec. 9-242. Liability insurance required. The applicant for a business license for a taxicab shall deliver to the Director of Finance written proof of a policy of insurance consistent with OCTAP regulations 3 `n as adopted by resolution by City Council. No business license shall be valid for a taxicab where liability insurance coverage for such vehicle has expired. Sec. 9-243. Refusal to pay fare. 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. Sec. 9-244. Driver's Permit Required. A person shall only operate a taxicab if that person possesses a Driver's Permit and if City business license has been obtained. An owner shall only allow a driver to operate a taxicab owned by the owner if that driver possesses a Driver's Permit and if City business license has been obtained. Sec. 9-245. - Taxicab Vehicle Permit Required. A person shall only operate a taxicab if that vehicle displays a Taxicab Vehicle Permit and if City business license has been obtained. An owner shall only allow a taxicab owned by the owner to be operated in the City if that vehicle displays a Taxicab Vehicle Permit and if City business license has been obtained. Sec. 9-246. Taxicab Business Permit Required. A person shall only operate a taxicab business in the City if that person possesses a Taxicab Business Permit and if City business license has been obtained. Sec. 9-247. Application for Permits. Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business Permit shall be made to OCTAP on a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of 4 processing said application as established by the Orange County Transportation Authority. Sec. 9-248. Testing for Controlled Substances and Alcohol. A driver shall test negative for controlled substances and alcohol as required by applicable State statutes. Sec. 9-249. Insurance Requirements. A driver operating a taxicab in the City shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by OCTAP, Section 9-242, and resolution of City Council . Said proof of insurance must clearly identify the vehicle covered. Sec. 9-250. Non -transferability. No permit issued under this Ordinance shall be assigned to or used by any person or vehicle other than the person or vehicle named in such permit. Sec. 9-251. Equipment. A taxicab operated under the authority of this Article shall be equipped according to the standards established by OCTAD, resolution of City Council and pursuant to this Code. Sec. 9-252. Mechanical Condition A taxicab operated under the authority of this Article shall be maintained according to the standards established by OCTAP, resolution of City Council and pursuant to this Code. 5 Sec. 9-253. Operational Requirements (a) A driver shall only carry a passenger to his/her destination by the most direct and accessible route. (b) A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAD and business license issued by the City. (c) A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and by this Code. 1) A schedule of rates and charges for the hire of said taxicab; 2) The driver's name and address; 3) The owner's name, address and telephone number; 4) The taxicab identification number; 5) The Driver's Permit issued pursuant to this Article; 6) The Taxicab Vehicle Permit issued pursuant to this Article; and 7) The certificate issued pursuant to this Article and any other information required by the City. (d) A driver shall give a receipt for the amount charged upon the request of the person paying the fare. (e) A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition. (f) A driver shall not leave his taxicab to solicit business. 6 (g) The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped, or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP and by this Code. Sec. 9-253.1. Rates and Charges No driver shall charge rates and charges other than those established by OCTAP and by City Council. Sec. 9-254. Separate from Business Licensing The requirements of this Ordinance are separate and independent from the business licensing and any other provisions under the Costa Mesa Municipal Code. Sec. 9-255. Filing Fee. An application for a business license as required by this Article shall be accompanied by a filing fee set by resolution of City Council for each taxicab which applicant proposes to operate within the City to cover the administrative cost to the City of processing the application. Sec. 9-256. Severability. If any section, subsection, sentence, clause or phrase of this article is held to be invalid -For any reason, such invalidity shall not affect the validity of any other provision of this article. The City Council of the City of Costa Mesa declares that the provisions of this article are sevarable and that it would have passed this Article and each and every section, subsection, sentence, clause or phrase, irrespective of the fact that any one or more of the same be declared invalid. 7 Section 4. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this I day of %L&v_a mw , 1997. ATTEST: T. , City Clerl f the City of Costa Mesa s Mayor' APPROVED AS TO FORM: A, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 97-33 was introduced and considered section by section at a regular meeting of said City Council held on theV1 day of 7'��s-w 1997, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 17dday of hr.: �, O AS, 1997, by the following roll call vote: AYES:F��a lY1o�,a r-F�►J icELSo� Co(a�A,v �o m 2S NOES: lam) o NC ABSENT: IJ d o C 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this &4day of �LQ,_Q,,�, 1997. OCTAP TAXICAB 55A (11-10--97) 9 h=a� 77, (4�� Deputy ty Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa