HomeMy WebLinkAboutOrdinance #492 C ,
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f ORDINANCE NO.
AN ORDINANCE TO REGULATE THE RATES, RULES
AND PRACTICES OF TAXICABS AND RENT CARS
OPERATING IN THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, PRESCRIBING TERMS AND CONDITIONS
UNDER WHICH SUCH OPERATIONS MAY BE CONDUCTED,
PROVIDING PENALTIES FOR THE VIOLATION OF
THIS ORDINANCE.
C The City Council of the City of Huntington
Beach, California, do ordain as follows:
Section 1. Definitions.
Unless otherwise expressly stated, whenever
used in thi s .ordinance, the following terms shall
re-spectively be deemed to mean:-
(A) STREET, any place``commonly used for the
C purpose of public travels
(B) OWNER,. every person, firm or corporation
having use or control of any taxicab or rent car, as
herein defined, whether as owner, lessee or otherwise.
(C) DRIVER, every person in charge of, or
operating, any taxicab or rent car, as herein defined,
either as agent, employee or otherwise under the
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direction of the owner, or as owner, as herein defined.
(D) TAXICAB, every automobile or motor-propelled
vehicle operated at rates per mile, or for wait-time,
or for both, and used for the transportation of passengers
Ll I for' hire over the public streets of the City of Huntington
Beach and not over a defined route and irrespective of
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C whether the operations extend beyond the boundary limits
of said City
, and such vehicle is routed as to destination
under the direction of such passenger or passengers, or
of such persons hiring the sameo
(E) RENT CAR, every automobile or motor-propelled
vehicle, excluding taxicabs, as herein defined, and operated
at rates per hour, used for the transportation of passengers
for hire over the public streets of the City of Huntington
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Beach and not over a defined route and irrespective of
whether the operations extend beyond the boundary limits
of said City, and such vehicle is routed as to destination
under the direction of such passenger or passengers, or
of such person hiring the same.
(F) COUNCIL, the Council of the City of Huntington
Beach*
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(G) CITY CLERK, the City Clerk of the City of
Huntington Beach*
(H) CHIEF OF POLICE, the Chief of Police of the
City of Huntington Beach.
Section 2. Owner's Permit.
It shall be unlawful to operate any taxicab or
C rent car in the City of Huntington Beach unless thw owner
thereof shall apply for and obtain a permit to do so,
which permit shall be applied for, granted, and in effect,
all in compliance with the pro visions of this ordinance.
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Ord. 492 \
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Section 3. Owner's Application.
The application for such owner's permit shall be
in writing, duly certified under oath, and it, together
with a copy thereof, shall be filed with the City Council
who shall transmit the original to the City Clerk, who
shall file the same, and each such application shall set
forth:
C (A) A full identification of the applicant and
all persons to be directly or indirectly interested in
the permit, if granted;
I; (B) The residence and business address and the
I citizenship of the applicant, including all members of
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any firm or partnership, or all officers and directors
of any proposed business for which the permit is
requested, and the name under which it is to be operated;
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(D) Whether or not any permit has been revoked,
and if so, the circumstances of such revocation;
(E) The number of vehicles proposed to be operated;
(F) The complete description of the vehicles pro-
posed to be operated and of the proposed operations;
(G) The color scheme and characteristic insignia
G to be used to designate the vehicles of said owner.
Section 4. Denial of Applications and Suspension
or Revocation of Owner's permits and Reduction
of Number of Permits.
(A) The Council shall act on owner's applications
by resolution and may deny any such application, if in
C its sound discretion, it determines that:
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1. There is a reasonable cause rendering the
proposed operation undesirable or inadequate to the
City of Huntington Beach;
2. There is insufficient public need or demand
for the proposed operation;
3. The vehicle proposed to be operated is inad-
equate or unsafe;
4. The applicant has been convicted of a felony
C or the violation of a narcotic law or of any penal law
involving moral turpitude or of any ordinance relating
to traffic or use of streets in the City of Huntington
Beach. M
5. The proposed color scheme or charactistic
Insignia will tend to confuse the identification of the
vehicles proposed to be operated with those of another
C owner operating in the City of Huntington Beach.
(B) The Council may, by resolution, and after
five (5) days written notice to an owner, suspend or
revoke an owner's permit for any of the grounds for
which it may deny an application, and in addition
thereto, it may suspend or revoke any owner's permit
C for a violation of any of the provisions of this
ordinance, or for a failure to pay any judgment for
damages arising from the operation of the vehicles,
or any of themibr which the permit was issued.
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(C) The Cou noil may at any time, and after a
public hearing, by resolution; 'determine that the number
of permits for taxicabs or :rent carat or either, should
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be reduced or increased and provide for such reduction
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or increase, respectively*
Section 5* Additions and Substitutions*
Any owner holding a permit to operate one or more
taxicabs or rent cars as provided in this ordinance, who
desires to add to the number of such vehicles shall do
-so only upon obtaining from the Council permission
therefor, which shall be granted only upon application
made in- the same manner and under the same proceedings
C as are required in this ordinance in the instance of
obtaining the original permit. Any owner holding a
permit to operate one or more taxicabs or rent cars,
as provided in this ordinancet who desires to substitute
a different vehicle for a vehicle operated under such
permit, shall do so only upon obtaining from the Council
permission therefor, which shall be granted only upon
C written application setting forth the particulars of
such proposed substitution, and upon otherwise comply—
ing with the requirements of this ordinance, provided
that the City Council may issue a temporary permit to
make a substitution which shall be valid only until
the first regular meeting of the Council next following
the date of its issuance* The Council shall have the
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same authority in granting or denying such application
for permission to add or substitute, as is hereinbefore
in this ordinance vested in it, in the matter of an
original application*
Section 6* Liability Insurance Required.
It shall be unlawful to drive or operate or cause
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or permit to be driven or operated any taxicab or rent
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car in the City of Huntington Beach unless the owner
thereof shall have obtained a motor vehicle liability
Insurance policy or policies from a responsible and
solvent corporations authorized to issue such policies
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under the laws of the State of California, insuring
'said owner and covering such taxicab or rent car, and
also unless said owner shall file with the City Clerk
the written certificate or certificates of such corpor—
C ation, all as provided in this ordinance. The City
Council may at any time require an owner to replace
any such policy with another policy and if such owner
fails to so replace such policy, within ten (10) days
from the date of any such notice, with a policy and a
certificate thereof, both in accordance with the
provisions of this ordinance, then, at the termination
C of said ten (10) days, the owner's permit for the taxicab
or rent car covered by such policy shall be, by such
failure, automatically suspended until such time as
said requirement is complied with, or said permit is
revoked, whichever is sooner in event.
Section 7, Liability Insurance Policye
C Each motor vehicle liability insurance policy
required under the provisions of Section 6 of this
ordinance, in addition to the provisions required to be
therein under the laws of the State of California, shall
provide coverage under the National Standard Liability
Form and shall also . provide that: Such policy covers
C any and all taxicabs or rent cars which may be driven
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or operated by or for the owner insured under said policy
and regardless of whether or not any permit has been
granted said insured under the provisions of this ordin-
ance; such policy insures the owner, as defined in this
ordinance, and any other person driving, using or
responsible for the use of any taxicab or rent car,
covered by said policy, with the consent, express or
implied, of said owner, and also the City of Huntington
Beach, against loss from the liability imposed on any
of them by law for injury to, or death of, any person,
or damage to property, arising from or growing out of
the maintenance, operation or ownership of any taxicab
or rent car covered by the policy to the amount or limit
of $10,000.000 exclusive of interest and costs, on account
of injury to, or death of, any one person, or $25,000.00
exclusive of interest and costs, on account of any one
accident resulting in injury to, or death of, more than
One person, and of $5,000*00 for damage to property
of others, resulting from any one accident; such policy
is a continuing liability up to the full amount thereof,
notwithstanding any recovery thereon; such policy, in
the event of the death of the owner, inures to, and is
for the benefit and protection of, any person, who shall
sustain or suffer any damage or injury, or to the heirs,
or legal representatives of any such person, as the
case may be, who may be so damaged or insured or suffer
death, by reason of the negligent operation of any
taxicab or rent car, covered by the policy, during the
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Ord. 492,
period covered by the policy and the life of the owner,
and any such person, or the heirs or legal representatives
of any such person, as the case may be, may, in such
event, sue the insurance carrier, provided that any
such action must be brought within the period of time
that an action on the policy could have been brought
against the owner if he had not died and that no recovery
can be had in such action inf. excess of the limits of
the policy, and further provided that the payments
required to be made, 'in such event shall be made
directly to any such person, or the heirs or legal
representatives of any such person, as the case may be.
Section 8, Liability Insurance Certificate.
Each certificate required under the provisions
of Section 6 of this Ordinance shall certify that the
issuer thereof has issued a motor vehicle liability
insurance policy or policies insuring the ovn er named
in said certificate, and that each of said policies
contains each of the provisions required .to be therein
as provided by Section 7 of this Ordinance and that
none of said policies can or will be cancelled except
upon thirty (30) days prior written notice thereof to
the City Clerk. Each of said certificates shall be
conclusive evidence against the issuer thereof that its
contents are true and correct. All such certificates
shall be subject to the approval of the City Attorney.
Section 9. Bond in Lieu of Insurance.
Subject to the approval of the City Council the
owner of any taxicab or taxicabs or rent car or cars,
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operated under the provisions of this ordinance, may
file a bond of a responsible and solvent corporation
authorized to issue such bonds under the laws of the
State of California, containing the conditions, and
giving the protection required in the motor vehicle
liability insurance policy required by Sections 6, 7
and 8 hereof, in lieu of either, all or any part of the
Insurance coverage required by said sections.
In the event of the filing of a bond under the
provisions of this Section, the applicable provisions
of said Section 6, 7 and 8 hereof shall govern the
furnishing and the contents of such bond and the owner
filing It*
Section 10. Driver's Permit.
It shall be unlawful for any driver to operate
any taxicab or rent car in the City of Hunting ton Beach
unless there exists a valid permit to do so as herein
provided. The application for such driver's permit
shall be in writing, duly certified under oath and it,
together with a copy thereof, shall be filed with the
City Clerk, who shall file the same. Each such
application shall set forth the name, age and address
of the applicant, his past experience in operating
automobiles, the name, business and address of each of
his employers during the preceding period of three
years, whether or not a chauffeur's license issued to
him by the State of Cdl.ifornia or any state or governmental
agency has ever been revoked, the name and address of
the Owbner by whom he is to be employed as a driver
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Ord. 49Z
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(which said owner shall endorse the said application) ,
and such additional information as the City Council
may requ ire.
Section 11. Driver's Application.
Upon application for a driver's permit and
before it shall be issued, the driver, whether the owner
or otherwise, must evidence a proficient knowledge of
the traffic laws of the City of Huntirg ton Beach and
of the State of California, and demonstrate his ability
to operate a taxicab or rent car, all to the satisfaction
of the Chief of Police. Upon satisfying the foregoing
requirements, said driver shall be fingerprinted by,
and his record filed in, the Police Department. Said
driver shall also file with his application two (2)
recent photographs ( size lj inch by l*inch), one to be
filed with his application and one to be permanently
attached to his driver's permit when issued, which
permit shall be posted in a place conspicuous from
the passenger's compartment of the taxicab or rent car
while said driver is operating same. Every driver's
permit issued hereunder shall set forth the name of the
owner for whom, said driver is authorized to operate a
taxicab or rent car and shall be valid only so long
as he continues in the employ of such owner. Upon the
termination of such employment, the said driver shall
forthwith surrender his driver's permit to the City
Council. No such driver's permit shall be granted to
any person under the age of eighteen (18) years. Such
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Ord. 492
0 driver's permit may be denied upon substantial evidence
of facts of either physical or moral deficiencies of
the applicant which, in the sound discretion of the
City Council, would render such applicant not competent
to operate a taxicab or rent car.
No such driver's permit issued hereunder shall be
transferrable in any event. Upon the termination of the
employment of any driver, the owner for whom such driver
has been working shall immediately give the City Council
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written notice of such termination.
Section 12. Suspension or Revocation.
The Chief of Police shall have the power to suspend or
revoke any driver's permit issued hereunder for any of
the reasons for vbich an application for such a permit
may be denied or if the holder thereof shall be found
guilty by any Court of reckless driving, or the violation
of any other lava. The Chief of Police shall in writing
forthwith report any such suspension or revocation to
the City Council, stating the reasons f or such action.
The City Council may affirm or reverse, in whole or in
part, any such order on a written appeal filed with
the City Council by the driver within ten (10) days
from the date of any such order.
In the event of such suspension or revocation of
a drivers permit, such permit shall be, by the holder
thereof, forthwith surrendered to the City Council.
Section 13. Taxicab and Rent Car Stands.
(A) The City Council- may, by resolution, locate
0 and designate taxicab or rent car stands, which stands
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Ord. 492
0 when so established shall be appropriately designated,
"Taxis Only, " or "Rent Cars Only", as the case may be.
(B) Taxicabs or rent cars stands established
hereunder shall be in operation twenty—four (24) hours
of every day.
(C) It shall be unlawful for the owner, driver
or operator of any taxicab or rent car to allow said
taxicab or rent car to remain parked, while awaiting
employment, except in a regularly established taxicab or
rent car stand; provided, however, that taxicabs or rent
cars may park in any available parking space when actually
engaged in loading or unloading passengers; and provided,
further, that between the hours of 10:00 o1clock P. M.
and 6:00 o!elock A. M. of the following day, taxicabs
or rent oars may stop, stand or park in any place where
the parking of vehicles is otherwise permitted•
(D) It shall be unlawful for any taxicab or rent
car to remain standing unless it is attended by a driver,
except when the driver is assisting passengers to load
or unload or is answering his telephone.
Section 14. Taxicab and Rent Car Equipment.
Each taxicab or rent car shall bear, at such place
or places on the outside of such vehicle as shall be
designated by the City Council, the nu6ber of the owner's
permit granted for its operation, in the type and design
thereof as directed by the City Council.
Section 15. Maintenance and Operating Regulations.
(A) Before a permit is issued to any owner, the
vehicle for which such permit is requested, shall be
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Ord. 492
delivered to a place designated by the City Council
for inspection, and the City Council shall designate
agents to inspect such vehicles, their equipment, in
the case of taxicabs, to ascertain whether such vehicles
and equipment comply with the provisions of this Ordinance.
(B) The Chief of Police, or any member of the
Police Department under his direction, shall have the
right, at any time after displaying proper identification
to enter into or upon any permit-holding taxicab or rent
car for the purpose of ascertaining whether or not any
of the provisions of this Ordinance are being violated.
(C) Any taxicab or rent car which is found,
after any such inspection, to be unsafe, or in any way
unsuitable f or taxicab or rent car service shall be
Immediately ordered out of service, and before again
being placed in service, shall be placed in a safe and
proper condition.
(D) The interior of every taxicab or rent car
shall be thoroughly gleaned at least once in every
twenty-four (24) hours, and forthwith all property of
value left in any such vehicle by a passenger shall be
reported by the owner thereof to the Chief of Police.
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(E) Any driver employed to transport passengers
to a definite point shall take the most direct route
possible that will carry the passenger to his destination
safely and expeditiously.
(.F) No drivertof any taxicab or rent car shall
accept, take into his vehicle or transport any larger
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Ord. 492
number of passengers than the rated seating capacity
of his vehicle.
(G) It shall be unlawful for any owner of a
taxicab or rent car operating within the said City of
Huntington Beach or its environs to engage, employ or
permit any woman driver to drive, or operate any taxicab
or -rent car within said City of Huntington Beach or its
environs during the period of or interval of time com—
mencing one hour after sunset and ending one hour before
sunrise of the day immediately following.
(H) A driver while on duty shall wear a distinctive
uniform and cap, indicating the name of the owner by whom
the driver is employed and shall exhibit to any passenger
or prospective passenger, credentials showing his bonafide
employment by such owner$ Each driver shall also wear
a badge in a conspicuous position while on duty, bearing
his number; only such caps and badges shall be worn as
have been approved by the Chief: of Police.
(I ) It shall be unlawful for a driver to solicit
poasengers except from a taxicab or rent car stand or
while standing immediately adjacent thereto on the curb
side thereof*
(J) It shall be unlawful for a driver of any taxicab
or rent car at any time to cruise in search of passengers.
Section 16. Violations and Penalties.
Any person, firm, corporation or association violating
any of the provisions of� this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall
be punishable by a fine of not more than $300.00, or by
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Ord. 492
imprisonment in the Orange County Jail for a period of
not to exceed ninety (90) days, or by both such fine and
Imprisonment*
Section 17. Constitutionality®
If any provision of this Ordinance or the application
thereof) to any person or circumstance is held to be invalid,
the remainder of this Ordinance, or the application of
such provision to other persons or circumstances, shall
not be affected thereby.
Section 18. Effective Date. .
The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to
be published by one insertion in the Huntington Beach
News, a weekly newspaper, printed, published and cir-
culated in the City of Huntington Beach, Orange County,
California, and thirty days after the adoption hereof
the same shall take effect and be in force.
PASSED AND ADOPTED by the City Coup 1 of the City
of Huntington Beach, California, at a
meeting thereof held on the 11'7 day of ,
1945.
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MAYOR
ATTEST:
City Clerk
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Ord. 492
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STATE OF CALIFORNIA )
County of Orange ) es
City of Huntington Beach )
I, C. R. FURR, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach and
exofficio Clerk of the City` Council of said City of
Huntington Beach,". do hereby certify that the whole number
of members of the City Council of the City of Huntington
Beach, is five; that the foregoing Ordinance was first
read to said City Counci�l/at a regular meeting thereof
held on the I day of,l , 1945, and was
again read to said City Council- at a regular meeting
thereof held on the 3 day of 1945,
and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City
Council as follows:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
1 y�
City Clerk and ex—officio
Clerk of the City Council
of the City of Huntington
Beach, California.
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