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HomeMy WebLinkAboutOrdinance #1368 ORDINANCE NO. 1368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 68 OF THE HUNTINGTON BEACH ORDINANCE CODE AND ALL SECTIONS PERTAINING THERETO, AND ADDING NEW CHAPTER 683 AND SECTIONS THERETO, RELATIVE TO TAXICABS AND VEHICLES FOR 'HIaE. The City Council of the City of Huntington Beach does ordain as follows : Section 1. That Chapter 68, and all sections there- under, of the Huntington Beach Ordinance Code are hereby repealed. Section 2. That a new Chapter 68 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : CHAPTER 68 TAXICABS AND VEHICLES FOR HIRE Article 680 - General 681 - Certificate 682 - Rates, Charges 683 - Operation 684 - Owner' s Requirements 685 - D'river' s Permit 686 Permit and Certificate Nontransferable ARTICLE 680 GENERAL S . 68ol Definitions . For the purpose of this chapter, the words and phrases herein defined shall be construed in accord- ance with the following definitions, unless it is apparent from the context that a different meaning is intended.. S . 68ol. 1 Certificate. The term "certificate" shall mean a certificate of public convenience and. necessity issued pursuant to this Chapter. S , 68ol. 2 Taxicab . The term "taxicab" shall mean an automobile or motor-propelled vehicle with distinctive markings or color regularly engaged in the business of carrying passengers for compensation or rates based upon distance traveled or time elapsed upon any public street in the City, not over a regular or defined route, and whether or not the operation extends beyond the bound- aries of the City. S . 68o1. 3 Sight-Seeing Automobile . The term "sight-seeing au omo ile shall mean a motor-propelled vehicle used for the purpose of transporting passengers over the streets for sight-seeing, showing points of interest or exhibiting lands, houses, property or other things or objects when a fee is charged or compensation is obtained from passengers or elsewhere. S . 68ol.4 Public Transportation Vehicle . The term "public transportation vehicle shall mean a motor-propelled vehicle, not otherwise defined in this section, used in the business of transporting passengers over the streets of the City for hire, whether or not the operations extend beyond the boundaries of the City. ARTICLE 681 CERTIFICATE S . 6811 Certificate Required. No person shall solicit or pick up passengers in the City, or engage in the busi- ness of operating any of the vehicles defined in Section 6801 within the City, without having first obtained a separate certifi- cate of public convenience and necessity for each such business, as required by this Chapter; provided, however, that no such certificate issued by the City shall be required for any operations for which a, certificate of public convenience and necessity is needed and has been granted. by the Public Utilities Commission of the State of California. S . 6811. 1 Application for Certificate . An application for a certificate shall be filed. with the City Clerk upon forms provided by the City. The application must be signed by the a pli.cant and be accompanied by a fee of Twenty-five Dollars ( 25 .00) , plus Ten Dollars ($10.00) for each vehicle the applicant proposes to use in the business, and shall contain or be accompan- ied by 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 complete schedule of the rates proposed to be charged for each type of vehicle . (C) A description of every motor vehicle which the applicant proposes to use, including trade name, motor or serial number, state license number and body style . 2 - (D) The location of the business and the place where the applicant proposes to keep such taxicab or ambulance while not actually engaged . (E) The distinct color scheme, name, monogram and insignia which shall be used. on each taxicab, ambulance or other vehicle . (F) The name of the legal and registered. owner of each such vehicle . (G) A balance sheet showing the financial status of the applicant, including assets, liabilities and specifically the amounts of all unpaid, judgments against the applicant, and the nature of the transaction or event giving rise to such judgments . (H) The experience of the applicant in the business or businesses for which he is seeking a certificate or certificates . (I) Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate . (J) Such further information as the City Clerk may require. S . 6812. Investigation and Hearing. Upon receipt of any such application for a certificate, the City Clerk shall, upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation, the Chief of Police shall inspect the vehicles and equipment and may require the applicant or any person named in the application to be photographed. and fingerprinted. The Chief of Police shall complete his investigation within thirty days, unless prevented from doing so by lack of cooperation of the applicant or other person named. in the application, and shall report his findings to the City Clerk regarding the moral character of the applicant and other persons named. in the application and the adequacy and safety of the vehicles with respect to cleanliness, equipment, safety devices, brakes, lights and. obsolescence . Upon receipt of the report, the City. Clerk shall set the same for hear- ing before the City Council. The City Clerk shall give notice of the time so set at least five days before the date of the hearing to the applicant by mail at the address set out in such applica- tion, and to all persons to whom certificates of public convenience and necessity have been theretofore issued. The City Council shall render its decision within sixty days after the matter is first set for hearing before it . S . 6813 . Issuance of Certificates . At the time set for the hearing of such application, the City Council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applied. for, and if it is found. by the Council that 3 - the public interest, convenience and necessity require the issuance of the certificate applied for, it shall order the City Clerk to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as provided in Section 6815, and subject to such conditions as may be im- posed by the City Council, including the minimum and maximum number of vehicles that may be used. S . 6814. Grounds for Denial of Application. If the City Council finds any of the following conditions to exist it shall deny the application: (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 equipment, safety devices or vehicles proposed to be used are inadequate or unsafe for the purposes for which they are to be used. (C) That the color scheme, name, monogram or in- signia, to be used. upon such vehicles or in the business resembles the color scheme, name, monogram or insignia, used. by another person, firm or corporation in the same business in the City and therefore may tend to deceive or defraud the public. (D) That the applicant hats within the past two years had. an application for such a certificate denied for cause . (E) That there is a sufficient number of vehicles - of the type described in the application operating in the City to fully serve the public, that the granting of more certificates would unduly congest the traffic and, interfere with the free use of the public streets by the public, or that the best interests of the public do not demand and necessity does not require the issuance of such permit. S . 6815. Liability Insurance. Subject to all other applicable regulations and conditions under which it is issued, the certificate shall authorize the conduct of the business only during the time the certificate holder has on file with the City Clerk a document issued by an insurance company evidencing that the certificate holder is insured under a liability insurance policy providing minimum coverage in the following amounts: Death or injury of one (1) person, One Hundred Thousand Dollars ($100,000) ; death or injury of two (2) or more persons, Three Hundred Thousand Dollars ($300,000) ; damage to property, Fifty Thousand Dollars ($50,000) . Such document evidencing insurance shall provide that the City shall be given thirty (30) da,ys ' prior written notice of any cancellation, termination or change in the amount of such insurance coverage . S . 6816. Grounds for Revocation. Any certificate or permit granted under the provisions of this chapter may be revoked. by the City Council, either as a whole or as to any per- son or vehicle described therein or as to the right to use any - 4 - 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 should not be revoked, for any of the following reasons : (A) That the document required by Section 6815 has not been filed or has been withdrawn or lapsed or is not in force for any reason. (B) For the nonpayment of any City business license or other fees provided by this Title . (C) For the breach of any rules, regulations or con- ditions set out in this Code or the certificate . (D) For the violation of any of' the laws of the State of California or the City with respect to the operation of the business by any certificate holder, or repeated violations by operators or drivers of any vehicle covered by such certifi- cate. (E) For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, 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 the City Council finds makes it contrary to the public health, interest, convenience, necessity or general welfare for the certificate or permit to be continued. S . 6817 Changes of Operation. In the event any certificate holder desires to change the color scheme or any monogram or insignia used on a vehicle, or to substitute any vehicle for a vehicle described in the application, or to in- crease or decrease the number of vehicles used, application to the City Council shall be made for permission to do so, and the City Council shall grant such permission if it deems 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. If application is made to increase the number of vehicles, payment of the annual vehicle fee for each additional vehicle requested. shall be made at the time of application. Fees tendered for additional vehicles which the City Council does not permit shall be refunded. No refund. of the annual vehicle fees paid shall be made when the City Council grants permission to reduce the number of vehicles . ARTICLE 682 RATES - CHARGES S . 6821. Rates or Charges . - 5 - S . 6821 . 1. Taxicabs . Each person seeking a certificate of pub- lic convenience and necessity for the operation of taxicabs in the City shall file a proposed schedule of rates . The City Council shall by resolution establish a, schedule of rates applicable to all taxicabs and may, upon its own motion or upon the application of any person holding a certificate of public convenience and necessity, modify or amend such schedule . No rates shall be established, modified or amended without a hearing before the City Council. Written notice of the hearing shall be given to each certificate holder at least five days before the hearing and the City Council may direct other notice to be given as it deems necessary. S . 6821. 2. Other Vehicles . Each person holding a certificate of public convenience and necessity for the operation of vehicles other than taxicabs shall file a proposed schedule of rates with the City Clerk. The schedule of rates shall be submitted to the City Council for approval and no change shall be made in any rates approved by the City Council without prior approval by the City Council. No person shall charge rates other than those so approved. No hearing is necessary for the approval of these rates or changes therein. S . 6822. Annual Vehicle Fee . Each holder of a certificate issued, hereunder shall pay an annual fee for each fiscal year or portion of a fiscal year for each vehicle operated in accordance with the following schedule: For one taxicab $100. 00 For each additional taxicab 30. 00 For one vehicle other than taxicab, defined. in Section 6801 25 .00 For each additional vehicle other than taxicab so defined. 10. 00 The fees are due July lst of each year and if not paid become delinquent August lst of each year. S . 6823 . Refusal to Pay Fare . No person shall refuse to pay the legal fare for the hire of any taxicab, after hav- ing hired the same . No person shall hire any vehicle described. in this Chapter with the intent to defraud the person from whom it is hired of the charges or fare . ARTICLE 683 OPERATION S . 6830. Cruising Prohibited. No driver of a, vehicle, other than a, taxicab, defined in Section 6801, shall cruise in search of passengers . 6 - S . 6831. Taximeters . All taxicabs operated under the authority of this Chapter shall be equipped with taximeters of a type and. design approved by the Chief of Police, located in the vehicle so as to render the figures visible to the passengers at all times of the day or night, and after sundown the face of the taximeter shall be illuminated. No other fare shall be charged than is recorded on such taximeter. Such taximeter shall be sub- ject to inspection from time to time by the Chief of Police or his authorized representative, and the Chief of Police shall compel the owner to discontinue the operation of any taxicab in which the taximeter is found to calculate inaccurately until such taximeter is replaced by one approved, by the Chief of Police or is adjusted to his satisfaction. S . 6832. Identification Lights for Taxicabs . Each taxicab shall be equipped with a single light on top of the vehicle to be lighted to indicate the vehicle is available for hire . S . 6833 . Operation of Taximeter. No driver of a taxicab shall fail to engage the taximeter at the beginning of a trip when the taxicab is hired by a passenger or fail to promptly disengage the meter at the termination of the service. S . 6833 . 1. Registered Fare - Request for Receipt . No driver shall charge any fare or fee other khan that registered on the taximeter or fail or refuse to give a receipt for the amount charged upon the request of the person paying the fare . S . 6834. Standing Taxicab on Public Street . No person shall cause or permit a taxicab to 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 minutes, excepting at such stands as may be desi- gnated by the City Council. This subsection shall not apply to any taxicab while the same is engaged by and. being paid for by a passenger. S . 6835. Right of Exclusive Taxicab Use by Passenger. No opera- tor or owner of any taxicab shall solicit or carry any additional passenger after such taxicab has been engaged, or while in use by a passenger, without the consent of the passenger first engaging the same having first been obtained. A passenger or passengers engaging such taxicab shall have the exclusive right to full and unimpaired. use of the passenger compartment and the whole thereof, if he desires the same. s . 6836. Direct Route Requirement . No person who is the driver of any taxicab shall carry any passenger to his destination by any route other than the most direct and acces- sible route . S . 6837. Advance Taxicab License for Fee Payment Required.. No person shall operate any taxicab business without pre- - 7 - paying any license fee required. by the City for the transaction of any such business . S . 6838. Solicitation of Taxicab Passengers . No driver of a, taxicab shall leave the side of his vehicle to solicit passengers in a louder tone of voice than that used. in ordinary conversation. S . 6839. Taxicab Mechanical Condition. No person shall operate a, taxicab that is not in good mechanical condition. ARTICLE 684 OWNER REQUIREMENTS S . 6840. Taxicab Driver' s License and Permit . No person shall drive a taxicab in the City without first having obtained a taxicab driver' s permit issued by the Chief of Police, as provid.ed in this Chapter. S . 6841. Posting of Required Information in Taxicabs . Every taxicab shall have visibly posted in the passenger' s compartment a schedule of rates and, charges for the hire of said vehicle established by the City Council, a card bearing the driver' s name 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. in a small metal container or holder, at least three by four inches in size and placed in a, conspicuous place in the passenger compartment . S . 6842. Taxicab Charge Regulation. No charge shall be made by a driver or operator of a taxicab lower than or in excess of the rates posted. in the passenger compartment of the taxicab . A flat rate which is less than but not in excess of the roundtrip meter rate, plus waiting time, may be charged for trips outside the City of Huntington Beach, where the one-way distance of the trip is greater than six miles . S . 6843 . Maintenance of Taxicab Passenger Compartment . No taxicab shall be operated. unless the passenger compartment is kept in a clean and sanitary condition. S . 6844. Fire Extinguisher for Taxicab . Every taxicab shall be equipped at all times with a standard type fire extinguisher in good working condition. S . 6845. Certificate and License Required for Taxicab Opera- tion. No person shall solicit or pick up passengers for pay within the City for transportation in any cab, taxicab, automobile, station wagon or bus who is not licensed by and carrying a certificate to do so from the City Council, except passengers for, buses operating under authority of the Public Utilities Commission. - 8 - S . 6846. Taxicab Identification. 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 the certificate holder and. the number by which the taxicab is desig- nated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab and in the passenger compartment thereof. S . 6847 . Twenty-four Hour Service Required.. No person who operates a taxicab business or an ambulance busi- ness shall fail to provide taxi service and ambulance service, respectively, for twenty-four (24) hours a day and seven (7) days a, week. ARTICLE 685 DRIVER ' S PERMIT S . 6851. Application. No person shall drive or operate any vehicle described. in this Chapter in the City without first obtaining a, permit in writing so to do from 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 Five Dollars ($5. 00) . No permit shall be issued. to any person under the age of eighteen (18) years, to any person not a citizen of the United States unless such person has lawfully declared. his intention of becoming such, or to any person who is incompetent or for any reason whatsoever unable to safely handle such vehicle . No permit shall be issued to any person who has been convicted of a felony, or within the 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 who has been convic- ted of violating any provisions of the Alcoholic Beverage Control Act of the State of California, unless such person shows to the satisfaction of the Chief of Police that issuing a driver' s permit to him would not in any way be contrary to the public interest, welfare or safety. Each such applicant shall demon- strate 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 driver' s 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, chauf.feur' s license issued. by the Motor Vehicle Department of the State, or who is not sufficiently acquainted. with the laws or ordinances regulating the operation of motor vehicles . Any falsification on the application for said permit will be grounds for refusal of the permit. S . 6852. Personal Appearance. Before a permit is granted. to any applicant, the applicant shall present himself to the Police Department, be photographed. or furnish an acceptable 9 - photograph, and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of the Police Department . S . 6853 . Temporary Permit . Pending the completion of the investigation of an applicant, the Chief of Police may grant a temporary permit to a, person who has made applica- tion for a driver' s permit and appears to be qualified. for such permit . The temporary permit shall automatically expire sixty (60) days from the date it was issued or upon issuance of a regular driver ' s permit . The Chief of Police shall summarily revoke any temporary permit when he determines not to issue a driver' s permit to the applicant . S . 6854. Identification Card. Upon obtaining the regular permit, the driver or operator shall at all times keep posted in full view in the vehicle operated by him an identification card 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. S . 6855. Term - Renewal. All driver' s permits shall expire at the end. of the calendar year for which issued.. Applications for renewal shall be made on or before December first of each year for the following calendar year. If so made within the M. 00) . riod prescribed the charge for renewal shall be Two Dollars The permits are personal and nontrans- ferable. S . 6856 . Revocation. The Chief of Police may revoke or sus- pend any such driver' s permits so issued for any violation of the provisions of this Chapter 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. S . 6857 . 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 from the decision td the City Council, which may in its discretion affirm, reverse or modify the decision made by the Chief of Police . ARTICLE 686 PERMIT AND CERTIFICATE NONTRANSFERABLE S . 6861. 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 Council having been first obtained. 10 - Section 3 . 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 circulated in the City of Huntington Beach, California, and thirty (30) days there- after, it will be in full force and effect . PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a, regular meeting held on the 20th day of November , 1967. , ayor ATTEST: City Clerk APPROVED AS TO FORM: y orney i - 11 - Ord. No. 136 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES , the duly elected , qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the" 6th day of November , 19 67 and was again read to said City Council at a regular meeting thereof held on the 20th day of November , 19 67 , and was passed and adapted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Gisler, Kaufman, Stewart, Shipley NOES: Councilmen: Non ABSENT: Councilmen: Coen, Green City Clerk an�,ex-officio Clerk of the City d6uncil of the City of Huntington Beach, California k PAUL C. JONES, CITY CLERK of the City of Hu ttngton Beech and ex-officio Clerk of the City Council, do hereby certify that this ordinance has ^ pbasheQ in he Hurttington Beach News di atxorttil with the City Charter of said City. _. f;...._;...�_.-' _............_...:C�.Clerk !?"�City C Ferk