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HomeMy WebLinkAbout96-06 Regulation of TaxicabsORDINANCE NO. 96-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 16 OF CHAPTER II OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE RELATING TO REGULATION OF TAXICABS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article 16 of Chapter II 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 is intended. (a) Certificate. A certificate of public convenience and necessity issued pursuant to this article. (b) Taxicab. Every motor vehicle regularly engaged in the business of carrying passengers for hire upon any public street in the City of Costa Mesa 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. 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. (d) Operating. Any person who solicits or picks up passengers for pay within the City of Costa Mesa for transportation in any motor vehicle, excepting buses and other motor vehicles operating under authority of the Public Utilities Commission. Sec. 9-241. Certificate required. No person shall 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 certificate of public convenience and necessity. To do so, in accordance with the provisions hereof and without complying with or having complied with all the provisions of this article and such certificate, shall constitute a violation of this Article. Sec. 9-242. Application for certificate. An application for certificate shall be filed with the Director of Finance upon forms provided by the City with a fee as set by resolution of City Council. Such application shall be verified and sib 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 address of each. (b) A schedule of the fares or rates to be charged. K (c) A description of every motor vehicle which the applicant proposes to use, including trade name, motor and serial number, state license number, and the 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 vehicle. (g) If any proposed stand is in the public street, the application shall be accompanied by a written consent of all the occupants of the ground floor or any building or loft in front of which said taxicab is to be located, and for twenty-five (25) feet each way therefrom, or if there is no such occupant, by the written consent of the owner or lessee of such building or loft. (h) The experience of the applicant in the transportation of passengers and other cities in which the applicant does business. (i) Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate. (j) Any further information as the Director of Finance may require. Sec. 9-243. Hearing on application. Upon receipt of an application, the Director of Finance shall set a time, not less than ten (10) days or more than ninety (90) days thereafter for the hearing of the application before the City Council, and shall give notice of the time so set at least five 3 (5) days before the date of the hearing, to the applicant by mail at the address set out in the application, and to all persons to whom certificates of public convenience and necessity have been issued. Sec. 9-244. Issuance of certificate. At the time set for the hearing of the application, the City Council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether the public interest, convenience and necessity require the issuance of the certificate applied for. If it is found by the City Council that the public interest, convenience and necessity require the issuance of the certificate applied for, it may, by resolution, order the Director of Finance to issue a certificate in accordance , with the application, subject to the filing and approval of an undertaking as provided in Section 9-246, and subject to such conditions as may be imposed by the resolution. Sec. 9-245. Grounds for denial. Any of the following reasons shall be sufficient for denial of the certificates: (a) That the application is not in the form and does not contain the information required to be contained therein by this Chapter. (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 vehicles 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 defraud the public. 4 (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 fixed by the City Council on the same street. (e) That the applicant has at some prior time had City certificate rejected for reason. Sec. 9-246. Liability insurance required. The applicant to whom a'certificate shall have been awarded by the City Council shall deliver to the Director of Finance a policy of insurance executed by a company duly authorized under the laws of the State of California to be an insurance business, by the provisions of which policy the application; provided that the maximum amount for which liability shall be assumed shall be not less than one million dollars ($1,000,000) combined single limit, for injury to or death of one or more persons, and for injury to or destruction of property, in any one accident, provided further, that such insurance policy may include a deductible amount of no more than twenty-five thousand dollars ($25,000) for each accident. The certificate of insurance shall name the City of Costa Mesa and its elected and appointed boards, officers, employees and agents as additional insureds.. The certificate of insurance shall not terminate or be canceled or coverage reduced while the certificate is effective and until thirty (30) days after written notice is given to the City. 9-247. Grounds for revocation. (a) Any certificate or permit granted under the provisions of this chapter may be revoked by the Director of Finance, or designee, either as a whole or as to any 5 automobile described herein or as to the right to use any distinctive color, monogram, or insignia, after five (5) days 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: 1. That the undertaking provided for in Section 9-246 has not been given or has been withdrawn or lapsed for nonpayment of the premium, or is not in force for any reason. 2. For the nonpayment of any taxes fees provided by this Code. 3. Failure to obey any of the rules or regulations or provisions set out in this code, statute, or in the certificate. 4. For failure to maintain safe service to the public by means of any of the vehicles described in the application,' 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. 5. For any cause which, in the opinion of the Director of Finance, or designee, makes it contrary to the public interest, safety, convenience, and necessity for the certificate or permit to be continued. (b) If revoked, the company may not apply to operate a motor vehicle for hire in the City for a period not less than twelve (12) months from the effective date of the revocation of any certificate or permit granted under this chapter, unless good cause is shown to the Director [:1 of Finance, or designee, that the violation set forth in subsection (a) has been corrected, then a shorter revocation period may be prescribed. (c) A decision under this section may be appealed to City Council as provided in Title 2 of this Code. Sec. 9-248. Application and permission to change. (a) In the event 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, application to the City Council shall be made for permission to do, and the City Council may grant such permission if it finds the public interest, convenience and necessity will be served by the change, and if the certificate holder has complied with all the provisions of this chapter. (b) In the event any certificate holder desires to substitute any vehicle for and in place of the vehicle described in the application, or to increase or decrease the number of vehicles used as taxicabs, application to the Director of Finance may grant such permission if he or she finds the public interest, convenience and necessity will be served by the change, and if the certificate holder has complied with all the provisions of this chapter. Sec. 9-249. Reciprocity with Cities of Newport Beach and Santa Ana. To the extent that the taxicab certificate programs by the Cities of Newport Beach and Santa Ana are found by City Council to be consistent with the provisions of this chapter, City Council may accept a certificate or driver's permit issued to an applicant by such cities as substantial evidence of compliance with the requirements of section 9-241, 9-242, 9-243, 9-244 and 9-252. Notwithstanding, the applicant must file with the Director of- Finance a copy of the application and certificate or driver's permit made by the Cities of Newport Beach or Santa Ana and file' a certificate of insurance as required by sections 9-246. Should a certificate or driver's permit by the Cities of Newport Beach and Santa Ana be recognized by City Council for the applicant, the revocations of such certificate or driver's permit by such cities shall also constitute a revocation by City Council pursuant to section 9-247. Should a certificate or permit by the Cities of Newport Beach or Santa Ana be recognized by City Council for the applicant, the provisions of this code shall apply to such applicant in the same manner as an applicant who operates a taxicab under a certificate or driver's permit issued by the City pursuant to this chapter. Sec. 9-250. 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. -9-251. Rules and regulations. The following rules and regulations shall be observed by all persons operating taxicabs: (a) Insurance. No taxicab shall be operated in the City unless the undertaking provided for in section 9-246 of this chapter is in full force and effect. (b) Standing on public street. No 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 or more than five (5) minutes, excepting at such stands as may be designated by resolution by 8 City Council. This subsection shall not apply to any taxicab while the same is engaged by and being paid for by a passenger. (c) Consent of passengers. 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. (d) Safe, direct carriage. 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. (e) Mechanical condition. All taxicabs shall be in good condition. All taxicabs shall be inspected by an inspector designated by the Director of Finance on an annual basis and such motor vehicle shall be maintained consistent with California Vehicle Code section 24002. (f) Driver's license and -permit. No person shall drive a taxicab in the City without first having obtained a California class C driver's license and taxicab driver's permit issued under this chapter (g) Posting necessary information. Every taxicab shall post in the passenger's compartment a schedule of rates and charges for the hire of the vehicle, a card bearing the driver's name and address, the owner's name, address and telephone number, the cab number, and the City Police Department telephone number, all contained in a small, metal container or holder at least three (3) by four (4) inches in size and placed in a conspicuous place in the passenger compartment. (h) Charge. No charge shall be made by any operator or owner of a taxicab in excess of the rates posted in the passenger compartment of said car and approved by the City Council. (i) Clean compartment. No taxicab shall be operated unless the passenger compartment is kept clean and in sanitary condition. (j) Fire extinguisher. Every taxicab shall be equipped at all times with a standard type fire extinguisher in good working condition. (k) Operating without a license. No person shall solicit, or pick up passengers for pay within the City of Costa Mesa for transportation in any cab, taxicab, automobile, station wagon, or bus, not permitted by and carrying a certificate to do so from and by the City Council, excepting only buses operating under ,authority of the ,public utilities commission. (1) Controlled substance and alcohol testing certification program. No taxicab shall be operated in the City unless the operator or owner of any taxicab has complied with California Government Code section 53075.5. Sec. 9-252. Driver's permit requirements (a) Application. No person shall drive or operate a taxicab in the City without first obtaining a permit in writing to do so from the Chief of Police. Any person desiring to obtain a driver's permit shall make a written application to the Chief of Police accompanied by a fee set by resolution of City Council. No permit shall be issued to any person under the age of eighteen (18) years, or to any person who has been convicted 10 of a felony or to any person who, within a period of two (2) 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 any of the provisions of the Alcoholic Beverage Control Act of the State of California, or to any person who is for any reason whatsoever unable or incompetent to safely handle such automobile. Any falsification on the application for a permit will be grounds for the refusal of the permit. (b) Persona/ appearance. Before a permit is granted to any applicant, the 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. (c) Identification card. Upon obtaining the permit, the driver or operator shall at all times keep posted in full view in the vehicle operated by him, an identification card not less than four (4) by six (6) inches in size, furnished by the Chief of Police, which shall have plainly printed thereon the name of the driver or operator, his business address and telephone number, his permit number and his photograph. (d) Expiration of permit. All permits to operate a taxicab shall expire one (1) year from the date of issue. Applications for renewal shall be made within thirty (30) days before the date of expiration of said 11 permit. If so made within the period prescribed, the renewal shall be made without charge. Said permits are personal and not transferable. (e) Revocation. The Chief of Police may revoke or suspend any driver's permit so issued for any violation of the provisions of this chapter by the holder of a permit or for the existence of any state of facts which would have been a good reason for denying a permit when applied for, whether state of facts existed at the time application was made for permit or came into existence thereafter. (f) Appeal. In the event of a refusal, revocation or suspension of any driver's permit by the Chief of Police, the applicant or permittee may appeal the decision to the City Council, which may in its discretion affirm, reverse or modify the rule made by the Chief of Police pursuant to Title 2 of this code. - Sec. 9-253. Taxicab numbers. Every certificate holder shall designate each of his taxicabs by number, and no two (2) taxicabs of any certificate holder shall be designated by the same number. The name or trade name of certificate holder and the number of which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab and in the passenger compartment thereof. Sec. 9-254. Permit and certificate nontransferable. No certificate or permit issued under the terms of this chapter shall be transferable either by contract or operation of law without the permission of the City 12 Council having been first obtained, and such attempted transfer shall be sufficient cause of revocation thereof. Sec. 9-255. Filing fee. An application as required by this chapter 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. Validity. 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 separable 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. Section 2. 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 13 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 3 day of 1996. ATTEST: 7h�:� T, Deputy dity Clerk of the City of Costa Mesa 14 Mayor 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. 95-6 was introduced and considered section by section at a regular meeting of said City Council held on the ao day of ,1996, and thereafter passed and ado ted as a whole at a regular meeting of sad City Council held on the jA4day of 1996, by the following roll call vote: AYES: k. R; C k6c)/J I�u F FR NOES: PJ ©N E ABSENT: JJO HO AIJ (J.46 KLa C-fC Iv4Z') MDNF} 19 A N IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 4:t4day of � , 1996. TAXICABS.21B (11-20-96) 15 T. Deputyity Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa