HomeMy WebLinkAboutAdopt Ordinance No. 4178 amending Huntington Beach Municipal APPRoVEb ? -o
1_
City of Huntington Beach
File #: 19-392 MEETING DATE: 4/1/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subject:
Adopt Ordinance No. 4178 amending Huntington Beach Municipal Code Chapter 5.48 relating
to Taxi Cabs
Approved for introduction 3/18/2019 - Vote: 5-0-2 (Brenden, Delgleize absent)
Statement of Issue:
With the implementation of Assembly Bill 1069 (Low), the regulation of taxi cabs in the State of
California has changed dramatically and required all cities which previously had adopted similar
ordinances for inclusion in the Orange County Taxi Administration Program (OCTAP) to amend those
ordinances based on the new law. This Council Action seeks to amend the City's Municipal Code
Chapter 5.48 relating to Taxi Cabs. The amendment retains the OCTAP partnership and adopts the
OCTAP regulations as approved by the OCTAP Steering Committee.
Financial Impact:
None with this action. On December 17, 2018, City Council authorized the City Manager to execute
Cooperative Agreement No. C-8-2015. This agreement specifies that the City's funding share of
OCTAP is 6.04% or $5,943.21 in FY 18/19, $14,306.84 in FY 19/20 and $10,634.91 in FY 20/21 .
Funding is included in the City Manager's annual budget 10030101 . The share is based on
population and the costs are estimates and could be adjusted slightly each year.
Recommended Action:
Adopt Ordinance No. 4178, "An Ordinance of the City of Huntington Beach Amending Huntington
Beach Municipal Code Chapter 5.48 Taxi Cabs."
Alternative Action(s):
Do not adopt and direct staff accordingly.
Analysis:
The Orange County Transportation Authority (OCTA) has administered the Orange County Taxi
Administration Program (OCTAP) on behalf of Orange County cities and the County of Orange since
City of Huntington Beach Page 1 of 2 Printed on 3/27/2019
- -124 _,<-,.
File #: 19-392 MEETING DATE: 4/1/2019
1998. At that time, OCTAP was created to consolidate the licensing, application, and administrative
functions to assist the cities and the County of Orange (member agencies) in meeting their
requirements set forth in Government Code Section 53075.5 and Vehicle Code 21100, et seq.
In October 2017, then Governor Brown signed into law new taxi regulations (AB 1069 - Chapter 753,
Statutes of 2017). This new law changed the way taxis were regulated and OCTAP could no longer
operate as it once was. In October of 2018, the OCTA Board of Directors directed staff to establish a
cooperative agreement with Orange County cities and the County of Orange for the administration of
the Orange County Taxi Administration Program from January 1, 2019, through December 31, 2020.
On December 17, 2018, the City Council approved Cooperative Agreement No. C-8-2015 with OCTA
and the Cities within Orange County for the program.
Since its inception, OCTAP was designed to be funded entirely through permit and license fees
collected from taxi operators and drivers. With the arrival of transportation network companies
(TNC), such as Uber and Lyft, the marketplace has greatly reduced revenues and, thereby, created a
financially unsustainable condition for OCTAP as currently funded. Following discussion with the
Orange County City Manager's Association (OCCMA), it was determined that contributions from
member agencies would be required for OCTA to continue to administer OCTAP. Due to the
continued decline of taxicab permits, the permit fees alone are not enough to sustain the program
and therefore external contributions from member agencies were agreed upon using a population-
based cost sharing model.
A new OCTAP structure was established, which included the formation of a Steering Committee,
which the City's Assistant to the City Manager sits on along with members from the Cities of
Fullerton, Garden Grove, Newport Beach, Orange, and the County of Orange. At the February 5,
2019, meeting, the OCTAP Steering Committee approved new bylaws, adopted new (and reduced)
taxi regulations, a fine schedule, metered rates, and considered OCTAP permit fees for OCTA Board
consideration. The committee unanimously approved all items, including recommending the
proposed permit fees to the OCTA Board.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and maintain public safety
Improve Quality of Life
Attachment(s):
1. Ordinance No. 4178, "An Ordinance of the City of Huntington Beach Amending Huntington
Beach Municipal Code Chapter 5.48 Taxi Cabs"
2. Legislative Draft.
City of Huntington Beach Page 2 of 2 Printed on 3/27/2019
powered LegistarT"'
ORDINANCE NO. 4178
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON
BEACH MUNICIPAL CODE CHAPTER 5.48 TAXICABS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 5.48 of the Municipal Code is amended to read as follows:
"5.48.010 Definitions
For the purpose of this Chapter,the words and phrases herein defined shall be construed in
accordance with the following definitions:
"City" means the City of Huntington Beach.
"City Authorization"means City authorization to operate a Taxicab business in the City.
"Driver" means a person who drives a Taxicab and who has a valid OCTAP-issued.Driver
Permit.
"Driver's Permit"means a valid permit issued by OCTAP authorizing a person to drive or
control the movements of a Taxicab.
"Exclusive Ride"means one or more passengers hiring a Driver for a ride to a specified
destination. As part of an Exclusive Ride, the passenger may direct the Driver to pick up
additional passengers en-route to a destination and incur the additional metered time and/or
distance that would be required.
"OCTAP" means the Orange County Taxi Administration Program administered by the
Orange County Transportation Authority of which the City is a member.
"OCTAP Regulations means the current Regulations of OCT AP.
"Operate a Taxicab"means to drive a Taxicab and.either solicit or pick up passengers for
hire in the City.
"Owner" means the registered owner or lessor of a Taxicab.
"Person" includes natural person, firm, association, organization, partnership, business;
trust, corporation, or public entity.
"Prearranged Trip" means a trip using an online enabled application, dispatch, or Internet
Website. A Taxicab company may provide prearranged trips anywhere within the couniy in
which it has obtained a Taxicab Company Permit.
"Substantially Locaied" means the primary business address of the Taxicab Company or
Driver is located, and the City within Orange County which accounts for the largest share of
that Company or Driver's total number of trips within Orange County over the past year and
determined every five years thereafter, as further defined at Government Code Section
53075.5(k)(2).
"'Taxicab" means a vehicle operated within the jurisdiction of the City,ca- abie of carrying
not more than eight persons, excluding the drive-, and used to carry passengers for hire. Thr-
term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any
State agency, including the Public Utilities Commission, or any other vehicle having a
SF/19-7285/198907
ORDINANCE NO. 4178
Certificate of Public Convenience and Necessity issued by any state agency, including the
Public Utilities Commission.
"Taxicab Company" means a passenger-for-hire business either based in the City or
elsewhere whose business activity includes picking up any passengers in the City by on-
demand requests, a radio dispatched service, or referral which results in charging the
passenger,by metered time and/or distance to a destination identified by the hiring
passenger for an Exclusive Ride. Such taxi services are a business that is required to be
permitted under this Chapter. Taxi services which have picked up passengers outside of the
City and delivered the passengers to a location within the City are excluded from the
permitting requirements under this Chapter.
"Taxicab Company Permit" means a valid permit issued by OCTAP authorizing a
Company to operate a Taxicab business within those cities and jurisdictions participating i):i
OCTAP.
"Taxicab Vehicle Permit"means a valid permit issued by OCTAP authorizing a particular
vehicle to be operated as a Taxicab.
5.48.020 OCTAP Authorization Required
A. No Person shall only operate a Taxicab in the City without an OCTAP issued i axicab
Company Permit.
B. Only an Owner authorized by OCTAP may operate its taxicabs in the City.
5.48.030 Driver Permit Required
No Person shall operate a Taxicab in the City without an OCTAP issued Driver's Permit. Nc
Owner shall permit a Person to operate the Owner's Taxicab unless the Person possesses an
OCTAP issued Driver's Permit.
5.48.040 Taxicab Vehicle Permit Required
No Person shall operate a Taxicab unless his or her.vehicle displays an OCTAP issued Taxicab
Vehicle Permit. No Owner shall permit his or her Taxicab to be operated in the City unless the
Taxicab displays a Taxicab Vehicle Permit.
5.48.050 Taxicab Business Permit Required
No Person shall operate a Taxicab Company in the City witout an OCTAP issued Taxicab
Company Permit.
SF:19-7285/197830 2
ORDINANCE NO. 4178
5.48.060 Application for Permits
Applications for a Driver Permit, Taxicab Vehicle Permit or Taxicab Company Permit shalt be
made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application
fee sufficient to cover the administrative costs of processing said application as established by
OCTAP.
5.48.070 Equipment
A Taxicab operated under the authority of this Chapter shall be equipped according to the
OCTAP Regulations.
5 48 080 Data Collection to Determine Substantially Located.
Pursuant-Lo Government Code Section 53075.52 beginning January 1, 20i9, all Taxicab
ompanies and Drivers shall collect data to determine which jurisdiction each Company and
Driver are Substantially Located. Beginning January 1, 2019, data for prearranged and non-
prearranged trips collected in the previous twelve (12) months shall be provided upon the date of
renewal to the City of any Taxicab Company.
5.48.090 Notice of Substantially Located in City.
Any Taxicab Company or Driver who changes from being Substantially Located in another
jurisdiction to be Substantially Located in the City shall provide the City with six months' notice
prior to making that change.
5.48.100 Mechanical Condition
A Taxicab operated under the authority of this Chapter shall be mauitained according to the
OCTAP Regulations.
5.48.110 Operational Requirements,
A. A Driver shall only carry a passenger to his or 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 OCTAP.
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-.
l. A schedule of rates ane( charges for the hire of said Taxicab;
SF:19-7285/197830 3
ORDINANCE NO. 4178
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 Chapter;
6. The Taxicab Vehicle Permit issued pursuant to this Chapter; and
7. 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 or her Taxicab to solicit passengers.
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 oatside of each
Taxicab according to the standards established by OCTAP and adopted by separate
resolution of the City Council.
5.48.120 Rates and Charges
No Driver shall charge fares and charges higher than those established by.00TAP.
5.48.130 Separate From Business Licensing
The requirements of this Chapter are separate and independent from the business licensing and
any other provisions under this Code.
5.48.140 Penalty
A. The City intends to secure compliance with the provisions of this Chapter by any of the
following alternate, separate and distinct methods.Each method set forth herein is intended
to be mutually exclusive and does not prevent concurrent or consecutive met- od being
used to achieve compliance against continuing violations. Each day a violation exists
constitutes a separate offense.
B. Notwithstanding any other provision of tkis Chapter,each violation of Clie provisions
of this Chapter may be enforced alternatively as follows:
1. Infraction. Any person violating any of the provisions or failing to comply with
any of the mandatory requirements of this Chapter may be prosecuted far art infraction.
Written citations for infractions may be issued by police officers. Any person
convicted of an infraction under the provisions of this Chapter small be punished either
by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by
the Orange County Municipal Courts, or, where no fine is specified therein, by:
a. A fine not exceeding $i 00.00 for a first violation;
SF:19-7285/197830 4
ORDINANCE NO. 4178
b. A fine not exceeding $200.00 for a second violation within one year;
c. A fine not exceeding $500.00 for each additional violation within one year.
2. Misdemeanor. Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Chapter may be prosecuted for a
misdemeanor. Any person convicted of a misdemeanor under the provisions of this
Chapter shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a
term not exceeding six months, or by both such fine and imprisonment.
3. Civil Action. The City Attorney by and at the request of the City Council; may
institute an action in any court of competent jurisdiction to restrain, enjoin or abate the
condition(s) found to be in violation of the provisions of this Chapter, as provided by
law.
4. Administrative Hearing.
a. Upon a finding by the City official vested with the authority to enforce th;.
various provisions of this Chapter that a violation exists, he or she may riotif-y the
person(s) deemed responsible for said violation(s) that a public hearing shall be
held before the City Council to hear and determine the existence of said
violation(s) and the anticipated compliance necessary, i.e. abatement or other
action required.
b. Said notification shall be in writing setting forth the alleged violation(s) and
the anticipated action sought; and shall be given not later than 10 days prior to the
scheduled date of the hearing.
c. The City Council may preside over the hearing or, in the alternative, appoint
a hearing officer to conduct the hearing, receive relevant evidence and to submit
to the City Council findings and recommendations to be considered by the City
Council.
d. The City Council shall render i-s decision within 4!5 days froM the Gate of tree
hearing or, in the event that a hearing officer has been appointed, withii; 45 days
from the date on which the City Council receives the finIirIgs and
recommendations of the hearing officer. The decision or the City Council shall be
final and enforceable as provided by law."
SF:19-7285/197830 5
ORDINANCE NO. 4178
SECTION 2. This Ordinance snail become effective 30 days after its ado. -.ic-n.
PASSED AND ADOPTED by the City Council of the City of Huntington Eeacn at a regular
meeting thereof held on the i st day of April , 2019.
Mayor
AT TEST: APPROVED AS TO FORM:
z�/
Ci'iy Clerk City Attorney 4 rr
REVIEWED AND APPROVED: INITIATED AND APPRO"VED:
ity anager C ty anager
SF:19-7285/197830 6
Ord. No. 4178
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 March 18,2019,and was again read to said City
Council at a Regular meeting thereof held on April 1,2019, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Orange County Register on April 11,2019.
In accordance with the City Charter of said City. AIM
Robin Estanislau Cily Clerk City Clerk and ex-officio Clerk
DeDuty City Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
HBMC Section 5048
5.48.010 Definitions
For the purpose of this Cehapter, the words and phrases herein defined shall be construed in
accordance with the following definitions:
"City"means the City of Huntington Beach.
"City autherizati Authorization"means City authorization to operate a Ttaxicab
business in the City.
"Driver"means a person who drives a Taxicab and who has a valid OCTAP-issued Driver
Permit, Gon4rels th anent:, of a ta-xie b
"Driver's P_Permit"means a valid permit issued by OCTAP authorizing a person to drive
or control the movements of a Ttaxicab.
"Exclusive Ride" means one or more passengers hiring a Driver For a ride to a specified
destination As part of an Exclusive Ride the passenger may direct the Driver to pickup
additional passengers en-route to a destination and incur the additional metered time and/or
distance that would be required.
"OCTAP" means the Orange County Taxi Administration Program administered by the
Orange County Transportation Authority of which the City is a member.
"OCTAP Regulations" means the current Regulations of OCTAP.
"Operate a Ttaxicab means to drive a Ttaxicab and either solicit or pick up passengers for
hire in the City.
"Owner" means the registered owner or lessor of a Ttaxicab.
"Person" includes natural person, firm, association, organization, partnership, business,
trust, corporation, or public entity.
"Prearranged Trip" means a trip using an online enabled application, dispatch, or Internet
Website A Taxicab company may provide prearranged trips anywhere within the county in
which it has obtained a Taxicab Company Permit.
"Substantially Located" means the primary business address of the Taxicab Company or
Driver is located and the City within Orange County which accounts for the largest share of
that Company or Driver's total number of trips within Orange County over the past year and
determined every five years thereafter, as further defined at Government Code Section
53075.5(k)(21.
"Taxicab" means a vehicle operated within the jurisdiction of 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
S-state agency, including 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.
1
SF/19-7285/198030 132
valid r
n iilevv.
"Taxicab Company" means a passenger-for-hire business either based in the City or
elsewhere whose business activity includes picking up any passengers in the City by on-
demand requests a radio dispatched service,or referral which results in charging the
passenger by metered time and/or distance to a destination identified by the hiring
passenger for an exclusive ride Such taxi services are a business that is required to be
permitted under this Chapter Taxi services which have picked up passengers outside of the
City and delivered the passengers to a location within the City are excluded from the
permitting requirements under this Chanter.
"Taxicab Company Permit" means a valid permit issued by OCTAP authorizing a
Company to operate a Taxicab business within those cities and jurisdictions partici atin in
OCTAP.
"Taxicab Vvehicle Permit" means a valid permit issued by OCTAP authorizing a
particular vehicle to be operated as a Ttaxicab.
5.48.020 OCTAP Authorization Required
A. No A Ryerson shall only operate a Ttaxicab in the City without an OCTAP issued
Taxicab Company Permit. if of that taxiea-b is fttherized by the City to operate a lwdeab
business in 0ie GA5.
B. Only gAn Owner authorized by OCTAP may.o ep rate slia}l-eay its anew-a4Taxicabs
+ b Wsiness in the City.
5 48 030 Driverls Permit Required
A No Ryerson shall errly operate a Ttaxicab in the City without an OCTAP issued;v that erse
JVll
a fif the City tt, ,-ization An No Oewner
pe�es�se-s�Ddriver s hermit. _==µ
shall only-mew permit a Person der to operate a the Owner's Ttaxicab unless the owned b)
the owner i f4h t Person dfiv@r possesses an OCTAP issued Ddriver's 1permit. and if!he City
5 48 040 Taxicab Vehicle Permit Required
A No Rperson shall enly operate a Ttaxicab if unless his or her that vehicle displays an OCTAP
issued aTtaxicab Vvehicleermit� and if City autherization has been..obtaine . An No Downer
shall permit his or her errly-ala-Ttaxicab owned by the owner-to be operated in the City
unless the Taxicab ifthat v ehie'e displays a Ttaxicab Vvehicle PPpermit and if City a thor-iz"tion
SF;19-7285/198030 2 133
5.48.050 Taxicab Business Permit Required
A No pperson shall eny operate a Ttaxicab Company bu�xess in the City without an OCTAP
issued that pefsen possesses' a Ttaxicab Company business hermit and if City a:4herizatie
�H a 1A .1
5.48.060 Application for Permits
Applications for a D_driver Ppermit, Ttaxicab V_vehicle Ppermit or Ttaxicab Company business
Ppermit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied
by an application fee sufficient to cover the administrative costs of processing said application as
established by OCTAP
C n 4 0 70 Testing f Controlled S—bs[a*ees and A>eW
i+
y shall eam-with him or her at all times proof 0
A-t-jA-nj,tP-,d by separa e Fesolution ef City Geuneil. Said pfeef of insuraaee must eleafly identify the
1 ie e ee roy-o.l
c 48 pan N + f 1,'1i+
No per-mit issiaed undef this ehaptef sha4l be assigned to, or-used by, any per-son er vehiele Othef
than the rnamed in re
5.48.07—00 Equipment
A Ttaxicab operated under the authority of this Cehapter shall be equipped according to the
standards established by OCTAP Regulations and adopted by separate Feselution a
C—euneil,
48 080 Data Collection to Determine Substantially,Located.
Pursuant to Government Code Section 53075 52 beginning January 1 2019, all Taxicab
Companies and Drivers shall collect data to determine which jurisdiction each Company and
Driver are Substantially Located Beginning January 1 2019 data for prearranged and non-
prearranged trips collected in the previous twelve (12) months shall be provided upon the date of
renewal to the City of any Taxicab Company.
SF;19-7285/198030 3 134
5 48 090 Notice of Substantially Located in Qb
Any Taxicab Company or Driver who changes from being Substantially Located in another
jurisdiction to be Substantially Located in the City shall provide the City with six months' notice
prior to making that change.
5.481R0 Mechanical Condition
A Ttaxicab operated under the authority of this Cshapter shall be maintained according to the
sta,qdards established b., OCTAP Regulations and adopted by separate fr—OkAi011 Of thO Qt)�
Gou*eil.
5.48.1120 Operational Requirements
A. A D_driver shall only carry a passenger to his or her destination by the most direct and
accessible route.
B. A Ttaxicab shall have all Ppermits issued by OCTAP conspicuously displayed
according to the standards established by OCTAP and adopted by-separate r-esolutieft of
City CE)Uneil.
C. A Taxicab shall have the following information continuously posted in a prominent
location in the Ttaxicab passenger's compartment according to the standards established by
OCTAP:
1. A.schedule of rates and charges for the hire of said Taxicab;
2. The Ddriver's name and address;
3. The Oewner's name, address and telephone number;
4. The taxicab identification number;
5. The D_driver's hermit issued pursuant to this Cshapter;
6. The Ttaxicab Vvehicle 1Ppermit issued pursuant to this Cshapter; and
7. Any other information required by the City.
D. A Ddriver shall give a receipt for the amount charged upon the request of the person
paying the fare.
E. A Ttaxicab shall only be operated if the passenger compartment is kept in a clean and
sanitary condition.
F. A D_driver shall not leave his or her Ttaxicab to solicit passengers.
G. The name or trade name of the Oawner and the number by which the Ttaxicab is
designated shall be printed, stamped or stenciled conspicuously on the outside of each
Ttaxicab according to the standards established by OCTAP and adopted by separate
resolution of the City Council.
5F:19-7285/198030 4 135
5.48.12-30 Rates and Charges
No Ddriver shall charge fares rates and charges higher ether than those established by OCTAP
aftd adopted by separate reselutieft of Gity
5 48 130 Separate From Business Licensing
The requirements of this Cehapter are separate and independent from the business licensing and
any other provisions under this Code.
5.48.1450 Penalty
A. The City intends to secure compliance with the provisions of this Cehapter by any of
the following alternate, separate and distinct methods, Each method set forth herein is
intended to be mutually exclusive and does not prevent concurrent or consecutive methods
being used to achieve compliance against continuing violations. Each day a violation exists
constitutes a separate offense.
B. Notwithstanding any other provision of this Cehapter, each violation of the provisions
of this Cehapter may be enforced alternatively as follows:
1. Infraction. Any person violating any of the provisions or failing to comply with
any of the mandatory requirements of this Cehapter may be prosecuted for an
infraction. Written citations for infractions may be issued by police officers. Any
person convicted of an infraction under the provisions of this Cehapter shall be
punished either by fines as specified in the currently adopted Uniform Infraction Bail
Schedule used by the Orange County Municipal Courts, or, where no fine is specified
therein, by:
a. A fine not exceeding$100.00 for a first violation;
b. A fine not exceeding $200.00 for a second violation within one year;
c. A fine not exceeding$500.00 for each additional violation within one year.
2. Misdemeanor. Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Cehapter may be prosecuted for a
misdemeanor. Any person convicted.of a misdemeanor under the provisions of this
Cehapter shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a
term not exceeding six months, or by both such fine and imprisonment.
3. Civil Action. The City Attorney by and at the request of the City Council, may
institute an action in any court of competent jurisdiction to restrain, enjoin or abate the
condition(s) found to be in violation of the provisions of this Cehapter, as provided by
law.
4. Administrative Hearing.
a. Upon a finding by the City official vested with the authority to enforce the
various provisions of this Cehapter that a violation exists, he or she may notify the
person(s) deemed responsible for said violation(s) that a public hearing shall be
held before the City Council to hear and determine the existence of said
SF:19-7285/198030 5 136
violation(s) and the anticipated compliance necessary, i,e, abatement or other
action required.
b. Said notification shall be in writing setting forth the alleged violation(s) and
the anticipated action sought, and shall be given not later than 10 days prior to the
scheduled date of the hearing.
c, The City Council may preside over the hearing or, in the alternative, appoint
a hearing officer to conduct the hearing, receive relevant evidence and to submit
to the City Council findings and recommendations to be considered by the City
Council.
d. The City Council shall render its decision within 45 days from the date of the
hearing or, in the event that a hearing officer has been appointed, within 45 days
from the date on which the City Council receives the findings and
recommendations of the hearing officer. The decision of the City Council shall be
final and enforceable as provided by law.
SF:19-7285/198030 6 137
APPRoVEJ) 5-0-Z.
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�_ _ City of Huntington Beach A Do
` WE'D D. g179
File #: 19-312 MEETING DATE: 3/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subject:
Adopt Resolution No. 2019-13 adopting revised Orange County Taxi Administration Program
(OCTAP) regulations and approving for introduction Ordinance No. 4178 amending
Huntington Beach Municipal Code Chapter 5.48 relating to Taxi Cabs
Statement of Issue:
With the implementation of Assembly Bill 1069 (Low), the regulation of taxi cabs in the State of
California has changed dramatically and required all cities which previously had adopted similar
ordinances for inclusion in the Orange County Taxi Administration Program (OCTAP) to amend those
ordinances based on the new law. This Council Action seeks to amend the City's Municipal Code
Chapter 5.48 relating to Taxi Cabs. The amendment retains the OCTAP partnership and adopts the
OCTAP regulations as approved by the OCTAP Steering Committee.
Financial Impact:
None with this action. On December 17, 2018, City Council authorized the City Manager to execute
Cooperative Agreement No. C-8-2015. This agreement specifies that the City's funding share of
OCTAP is 6.04% or $5,943.21 in FY 18/19, $14,306.84 in FY 19/20 and $10,634.91 in FY 20/21.
Funding is included in the City Manager's annual budget 10030101. The share is based on
population and the costs are estimates and could be adjusted slightly each year.
Recommended Action:
A) Adopt Resolution No. 2019-13, "A Resolution of the City Council of the City of Huntington Beach
Adopting Revised Orange County Taxi Administration Program Regulations;" and,
B) Approve for introduction Ordinance No. 4178, "An Ordinance of the City of Huntington Beach
Amending Huntington Beach Municipal Code Chapter 5.48 Taxi Cabs."
Alternative Action(s):
Do not adopt and direct staff accordingly.
Analysis:
City of Huntington Beach Page 1 of 3 Printed on 3/13/2019
powere44465 LegistarTI
File #: 19-312 MEETING DATE: 3/18/2019
The Orange County Transportation Authority (OCTA) has administered the Orange County Taxi
Administration Program (OCTAP) on behalf of Orange County cities and the County of Orange since
1998. At that time, OCTAP was created to consolidate the licensing, application, and administrative
functions to assist the cities and the County of Orange (member agencies) in meeting their
requirements set forth in Government Code Section 53075.5 and Vehicle Code 21100, et seq.
In October 2017, then Governor Brown signed into law new taxi regulations (AB 1069 - Chapter 753,
Statutes of 2017). This new law changed the way taxis were regulated and OCTAP could no longer
operate as it once was. In October of 2018, the OCTA Board of Directors directed staff to establish a
cooperative agreement with Orange County cities and the County of Orange for the administration of
the Orange County Taxi Administration Program from January 1, 2019, through December 31, 2020.
On December 17, 2018, the City Council approved Cooperative Agreement No. C-8-2015 with OCTA
and the Cities within Orange County for the program.
Since its inception, OCTAP was designed to be funded entirely through permit and license fees
collected from taxi operators and drivers. With the arrival of transportation network companies
(TNC), such as Uber and Lyft, the marketplace has greatly reduced revenues and, thereby, created a
financially unsustainable condition for OCTAP as currently funded. Following discussion with the
Orange County City Manager's Association (OCCMA), it was determined that contributions from
member agencies would be required for OCTA to continue to administer OCTAP. Due to the
continued decline of taxicab permits, the permit fees alone are not enough to sustain the program
and therefore external contributions from member agencies were agreed upon using a population-
based cost sharing model.
A new OCTAP structure was established, which included the formation of a Steering Committee,
which the City's Assistant to the City Manager sits on along with members from the Cities of
Fullerton, Garden Grove, Newport Beach, Orange, and the County of Orange. At the February 5,
2019, meeting, the OCTAP Steering Committee approved new bylaws, adopted new (and reduced)
taxi regulations, a fine schedule, metered rates, and considered OCTAP permit fees for OCTA Board
consideration. The committee unanimously approved all items, including recommending the
proposed permit fees to the OCTA Board.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and maintain public safety
Improve Quality of Life
Attachment(s):
1. Resolution No. 2019-13, "A Resolution of the City Council of the City of Huntington Beach
Adopting Revised Orange County Taxi Administration Program Regulations"
2. Ordinance No. 4178, "An Ordinance of the City of Huntington Beach Amending Huntington
Beach Municipal Code Chapter 5.48 Taxi Cabs"
3. Legislative Draft.
City of Huntington Beach Page 2 of 3 Printed on 3/13/2019
powereW!Legistar-
RESOLUTION NO. 2019-13
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADOPTING REVISED
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS
WHEREAS, Government Code Section 53075.5 et. seq. requires every city or
county to protect the public health, safety, and welfare by adopting an Ordinance or
Resolution in regard to taxicab transportation services which are operated within the
jurisdiction of said city or county; and
WHEREAS, the City regulates Taxicabs pursuant to Chapter 5.48 of the
Huntington Beach Municipal Code ("Chapter 5.48"); and
WHEREAS, Orange County cities have formed a voluntary association, the
Orange County Taxi Administration Program ("OCTAP"), to coordinate taxicab service
permitting and other administrative functions with the Orange County Transportation
Authority ("OCTA") in order to increase public safety, to reduce administrative costs for
the public and the private sector, and to expand the provisions of private transportation
service in Orange County; and
WHEREAS, on November 17, 1997, the City entered into an interagency
agreement with the OCTA in which the City agreed to participate as a member agency in
OCTAP, and the OCTA agreed to provide the staff and administrative services necessary
to implement the Program; and
WHEREAS, OCTAP has been in operation since 1998 and has conducted
quarterly meetings with OCTAP Steering Committee and OCTAP Public Safety
Committee, comprised of designated representatives from each OCTAP member agency;
and
WHEREAS, pursuant to the City Council Resolution No. 2010-02, the City
adopted OCTAP's uniform Regulations applicable to Taxicab Companies and Drivers,
which Regulations establish minimum standards for Taxicab insurance, equipment,
mechanical conditions, fares and charges, and other aspects of Operat llig a Taxicab, as
those terns are define in Chapter 5.48; and
WHEREAS, effective January 1,2019, AB 1079 attempts to modernize taxicab
regulation in California in order to counter competitive pressure created by "for-hire"
ridesharing companies such as Lyft and Uber, by limiting Taxicab Companies to the
regulatory jurisdiction of the city where the taxicabs are"substantially located,"which
is where the Company is located and where the Company provides the largest number
of trips in the prior year. Further AB 1079 allows jurisdictions to share regulatory duties
through joint power authority agreements such as OCTAP; and
Resolution No. 2019-13
WHEREAS, AB 1079 also allows taxicab services to adjust rates in the same
manner that ridesharing companies such as Lyft and Uber adjust rates, including the use
and development of"apps"to facilitate rate adjustments and to allow for pre-arranged
rides; and
WHEREAS, the OCTAP Safety Committee has reviewed, and the OCTAP
Steering Committee has reviewed and approved amendments to the OCTAP Regulations
to further protect the health, safety, and welfare of persons utilizing taxicab services in
member agencies'jurisdictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
SECTION 1: The City Council of the City of Huntington Beach hereby ratifies
and adopts the revised OCTAP regulations dated: and approved by the OCTAP Steering
Committee on February 5, 2019, a copy of which is attached hereto as Attachment A.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting hereof held on the 18th day of March , 2019.
Mayor
APPROVED AS TO FORM:
C' Attorney
INITIATED AND APPROVED:
C' Man ger
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REGULATIONS
OF THE
ORANGE COUNTY
TAXI ADMINISTRATION
PROGRAM
TABLE OF CONTENTS
PURPOSEAND SCOPE............................................................................................3
DEFINITIONS.............................................................................................................4
AGENCY AND OCTA PARTICIPATION....................................................................5
AgencyResponsibilities............................................................................................... 5
OCTAResponsibilities................................................................................................. 6
STEERINGCOMMITTEE...........................................................................................6
1. GENERAL RULES AND REQUIREMENTS........................................................6
1.1 Permittee...................................................................................................... 7
1.2 Permitted Drivers. ........................................................................................ 8
2. COMPANY PERMITS.........................................................................................9
2.1 Company Permit Requirements. .................................................................. 9
2.2 Company Permit Denial. ............................................................................ 12
2.3 Company Affiliated Drivers......................................................................... 13
2.4 Company Permit Issuance. ........................................................................ 13
2.5 Term of Company Permit. .......................................................................... 14
2.6 Company Permit Renewal. ........................................................................ 14
2.7 Company Permit Suspension/Revocation.................................................. 14
2.8 Company Permit Penalties/Suspensions. .................................................. 15
2.9 Right to Appeal........................................................................................... 15
2.10 Agency or Other Transportation Agreements............................................. 15
3. DRIVER PERMITS ........................................................................................... 16
3.1 Driver Permit Requirements....................................................................... 16
3.2 Driver Permit Issuance............................................................................... 17
3.3 Term of Driver Permit................................................................................. 17
3.4 Renewal of Driver Permit. .......................................................................... 17
3.5 Driver Permit Limitation.............................................................................. 17
3.6 Replacement Driver Permit. ....................................................................... 17
3.7 Driver Permit Transfer to Another Company. ............................................. 17
3.8 Driver Permit Denial................................................................................... 18
3.9 Driver Permit Suspension/Revocation........................................................ 19
3.10 Driver Permit Penalty/Suspension.............................................................. 20
3.11 Driver Permit Appeal.................................................................................. 20
3.12 Driver Permit Surrender. ............................................................................ 20
4. TAXICAB PERMITS.............................................................................................20
4.1 Taxicab Permit Required............................................................................. 20
4.2 Inspections................................................................................................. 21
4.3 Vehicle Replacement. ................................................................................ 21
4.4 Taxicab Permit Renewal. ........................................................................... 21
4.5 Taxicab Permit Surrender. ......................................................................... 22
4.6 Replacement Taxicab Permit. .................................................................... 22
5. TAXICAB REQUIREMENTS.............................................................................22
5.1 Proof of Insurance....................................................................................... 22
5.2 California Vehicle Registration. ................................................................... 22
5.3 Taxi Company Designation......................................................................... 23
i
5.4 Vehicle Maintenance and Records.............................................................. 23
5.5 Seating........................................................................................................ 23
6. TAXICAB OPERATION....................................................................................23
6.1 Solicitation.................................................................................................. 23
6.2 Fares Charged. .......................................................................................... 23
6.3 Receipt....................................................................................................... 23
6.4 Accidents. .................................................................................................. 24
6.5 Agency or other Transportation Agreements. ............................................ 24
6.6 Advertising. ................................................................................................ 24
7. REPORTING VIOLATIONS OF OCTAP REGULATIONS ...............................24
8. APPEALS AND ADMINISTRATIVE HEARINGS.............................................25
8.1 Notice of Appeal......................................................................................... 25
8.2 Stay............................................................................................................ 25
8.3 Stay, Exception. ......................................................................................... 25
8.4 Initial Review of Appeal.............................................................................. 25
8.5 Hearing Officer........................................................................................... 26
8.6 Administrative Hearings. ............................................................................ 26
9. PERMIT FEES AND TAXICAB FARES ............................................................26
9.1 OCTAP Permit Fees................................................................................... 27
9.2 Metered Rates............................................................................................ 27
9.3 Refund Policy............................................................................................. 27
10. AMENDMENT(S) TO REGULATIONS.............................................................27
10.1. Administrative Amendment(s). ................................................................... 27
10.2. Substantive Amendment(s)........................................................................ 27
10.3. OCTAP Permit Fees and Taxicab Metered Rates...................................... 28
OCTAPFEE STRUCTURE ......................................................................................29
ORANGE COUNTY APPROVED TAXICAB METERED RATES.............................30
OCTAP ADMINISTRATIVE ACTION AND FINES SCHEDULE ..............................31
ii
PURPOSE AND SCOPE
The Orange County Taxi Administration Program (OCTAP) is an association of
Orange County Agencies formed to establish a policy for entry into the business of
providing Taxicab transportation service in compliance with Agencies' requirements
under California Government Code § 53075.5. OCTAP was formed pursuant to
interagency-agreements between the Orange County Transportation Authority (OCTA)
and participating Agencies. The objective of OCTAP is to establish minimum safety and
service standards for the provision of Taxicab services in Orange County, to increase
public safety, reduce administrative costs for the public and private sector, and to expand
the provision of private transportation service in Orange County.
Although not a participating Agency, OCTA provides administrative functions for
the OCTAP program and manages the permitting processes necessary to issue Taxicab
company, vehicle, and driver permits on behalf of the Agencies. The OCTAP Regulations
are intended to define minimum Taxicab company, Taxicab vehicle, and Taxicab driver
permitting requirements, establish minimum safety and service standards for the
operation of a Taxicab, and consolidate the permitting of Taxicab transportation service
for the Agencies.
Agency Legislative Independence and Authority Retained.
The OCTAP Regulations are developed by the Agencies and enforced through
adoption of the OCTAP Regulations into each Agency's municipal code. Each Agency
shall be responsible for enforcing the OCTAP Regulations, prosecuting violators, and
notifying OCTAP of such occurrences. All policies, procedures, ordinances, rules, and
regulations pertaining to Taxicab companies, Taxicab drivers, Taxicabs, fares, notices,
safety, Taxicab stands, pickup, hours of operations, and all other functions not specifically
provided for in the OCTAP Regulations, shall remain within the authority and jurisdiction
of each Agency.
Each Agency retains all authority, responsibility, and independence for Taxicab
regulation and enforcement within its Area of Jurisdiction. Each Agency retains the right
and authority to select the Company(ies) authorized to operate within its jurisdiction,
including the number of Taxicabs authorized to pick up passengers within its jurisdiction.
Each Agency reserves the right to implement and enforce additional requirements or
limits beyond the OCTAP Regulations.
Page 3 of 32
DEFINITIONS
1. Agency
"Agency" means each City and the County of Orange that participates in
OCTAP.
2. Area of Jurisdiction
"Area of Jurisdiction" of each Agency means the area within the boundaries of a
City, or for the County means the unincorporated area, including John Wayne Airport.
3. AS E
"ASE" means the National Institute for Automotive Service Excellence.
4. Bandit Taxicab
"Bandit Taxicab" refers to a Taxicab operating within the Area of Jurisdiction of
any OCTAP Agency without a valid OCTAP permit, when one is required, or other
permit issued by a permitting agency that is accepted by the OCTAP Agencies.
5. BAR
"BAR" means the Bureau of Automotive Repair.
6. Company
"Company" includes a natural person, firm, association, organization, partnership,
business, trust, corporation, or public entity.
7. Company Permit
"Company Permit" means a valid permit issued by OCTAP authorizing a Company
to operate a Taxicab business within the Area of Jurisdiction of any participating Agency,
which allows the Company to serve that Agency.
8. Driver
"Driver" means a person who has a valid OCTAP-issued Driver Permit.
Page 4 of 32
9. Driver Permit
"Driver Permit" means a valid permit issued by OCTAP authorizing a person to
drive or control the movements of a Taxicab.
10. OCTA
"OCTA" means the Orange County Transportation Authority.
11. OCTAP
"OCTAP" means the Orange County Taxi Administration Program.
12. Permittee
"Permittee" means a Company that holds a valid OCTAP Company Permit.
13. Taxicab
"Taxicab" means a vehicle 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 the California Public Utilities Commission (CPUC), or any other vehicle
operating under the authority of any state agency, including the CPUC.
14. Taxicab Permit
"Taxicab Permit" means a valid permit issued by OCTAP, authorizing a particular
vehicle to be operated as a Taxicab.
15. Transportation Agreements
"Transportation Agreements" means any separate agreement that an Agency has
established with an OCTAP Permittee for operation within its jurisdiction.
AGENCY AND OCTA PARTICIPATION
Agency Responsibilities.
Each Agency shall:
o Participate as a member of OCTAP.
o Appoint its City Manager, Executive Officer, or their designee, to participate
as a member of the OCTAP Steering Committee.
Page 5 of 32
o Adopt and enforce a Taxicab ordinance or resolution consistent with the
OCTAP Regulations.
o Enforce, and if necessary, prosecute all violations of its Taxicab ordinance
or resolution and the OCTAP Regulations.
o Notify OCTAP of any public or law enforcement complaint pertaining to
permitted Taxicab companies, Taxicabs, and Taxicab drivers within its Area
of Jurisdiction.
OCTA Responsibilities.
OCTA shall provide the services described in the OCTAP Regulations on behalf
of each Agency that adopts the OCTAP Regulations by ordinance or resolution, and shall:
o Provide staff and administrative services necessary to issue permits and
implement the OCTAP Regulations.
o Collect fees to cover the costs of administering OCTAP and collect fines
associated with violations of OCTAP Regulations.
However, OCTA shall not assume liability for the performance of Taxicab
companies, Taxicab drivers, or Taxicabs. OCTA is not responsible for the enforcement
of Agency ordinances or resolutions, the enforcement of non-permitted Taxicab
operations, or for collecting franchise fees or business license fees imposed by
participating Agencies on Taxicab companies or drivers.
STEERING COMMITTEE
The OCTAP Steering Committee shall be appointed by the Agencies. The OCTAP
Steering Committee is responsible for creating the OCTAP Regulations and advising
OCTA on matters including the OCTAP Regulations, the policies and procedures
governing the issuance of permits, and public safety issues in Orange County. The
OCTAP Steering Committee will meet as needed to advise OCTA on all matters
discussed herein.
1. GENERAL RULES AND REQUIREMENTS
Each OCTAP Permittee, its management, employees, affiliated drivers,
leaseholders, and owner-operators are individually and jointly responsible for complying
with OCTAP Regulations; all California Vehicle Codes and Statutes; all applicable federal,
state and local laws, statutes, and ordinances; all ordinances of a City, Agency, Airport,
or County related to the operation of a Taxicab; and all lawful orders, rules, and
regulations promulgated thereunder regarding the transportation of customers in a
Taxicab.
Page 6 of 32
1.1. Permittee.
1.1.1 Permittee shall ensure Taxicabs are driven only by OCTAP
permitted Drivers.
1.1.2 Permittee shall not operate a Taxicab without a valid Taxicab Permit
from OCTAP, unless otherwise permitted by law.
1.1.3 Permittee shall notify OCTAP within forty-eight (48) business hours
of an affiliated Driver who becomes unqualified or unauthorized to
drive a Taxicab or upon termination of employment or affiliation with
Permittee.
1.1.4 Permittee shall maintain all programs and requirements for receiving
a Company Permit and verify the continuous enrollment of affiliated
drivers in their OCTAP-approved drug and alcohol testing program
and DMV Pull Notice program.
1.1.5 Permittee shall comply with any separate requirements that may
have been adopted by any Agency in which Permittee intends to
operate, including, but not limited to, establishment of a franchise
and the payment of business license fees or taxes.
1.1.6 Permittee shall cooperate fully with OCTAP Staff.
1.1.7 Permittee shall notify OCTAP staff within forty-eight (48) business
hours when vehicles are removed from service and will surrender
OCTAP vehicle permits in accordance with Section 4.5.
1.1.8 Permittee shall maintain reasonable financial responsibility to
conduct Taxicab transportation services in accordance with the
OCTAP Regulations.
1.1.9 Permittee shall maintain a safety education and training program in
effect for all Taxicab Drivers, whether employees or contractors.
1.1.10 Permittee shall maintain a disabled access education and training
program to'instruct its Taxicab Drivers on compliance with the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.) and amendments thereto, and state disability rights laws,
including making clear that it is illegal to decline to serve a person
with a disability or who has a service animal.
1.1.11 Permittee shall disclose fares, fees, or rates to the customer, and
may satisfy this by disclosing fares, fees, or rates on its Internet Web
site, mobile telephone application, or telephone orders upon request.
Page 7 of 32
1.1.12 For on-demand (flagged) trips, the Taxicab must possess a fully
operational taximeter with current and intact seals, or any type of
device or technology approved by the Division of Measurement
Standards to calculate fares, including the use of Global Positioning
System metering, provided that the device or technology complies
with Section 12500.5 of the Business and Professions Code and with
all regulations established pursuant to Section 12107 of the Business
and Professions Code. The customer shall not be charged a fare
that exceeds the authorized fare.
1.2 Permitted Drivers.
1.2.1 A Driver must possess and display a valid OCTAP Driver Permit in
order to operate a Taxicab, and at all times the taxicab is in
operation, on behalf of a Permittee.
1.2.2 A driver shall not operate a taxicab without a valid OCTAP Taxicab
Permit.
1.2.3 Permitted Drivers shall adhere to all regulations related to Taxicab
Operation in Section 6.
1.2.4 Permitted Drivers may only pick up passengers in the Area of
Jurisdiction of those agencies that have approved the Permittee
he/she represents, unless otherwise permitted by law.
1.2.5 Permitted Drivers shall cooperate with the Permittee, Law and Code
Enforcement Officers, and OCTAP Staff, including random testing
and all vehicle inspections.
1.2.6 The Driver Permit must be displayed in the passenger side area of
the dashboard, easily viewable from inside or outside of the vehicle.
The Driver Permit must be attached in a way that makes it removable
by the Driver to provide to law enforcement, code enforcement
officers, or OCTAP staff, when requested. The Driver's California
driver license number on the Driver Permit may be covered by a
removable label, if desired. No other alterations, covered, or hidden
information to the OCTAP Driver Permit is allowed.
1.2.7 A driver in possession of an altered or defaced permit will not be
considered to be in possession of a valid Driver's Permit.
1.2.8 A Driver shall not display another person's OCTAP Driver Permit or
allow another person to use their Driver Permit.
Page 8 of 32
1.2.9 A Driver shall not carry more passengers in the Taxicab than are
authorized by the manufacturer's recommendations. Operational
seat belts must be available for all passengers.
1.2.10 A Driver shall operate a Taxicab in accordance with all applicable
state and local laws and regulations and with due regard for the
safety, comfort, and convenience of passengers, and of the general
public.
2. COMPANY PERMITS
No Company shall operate a Taxicab business or advertise as a Taxicab business
within the Area of Jurisdiction of an Agency without having first obtained a Company
Permit from OCTAP, unless otherwise authorized by Government Code § 53075.5, or
without permission from the Agency to operate in the Area of Jurisdiction of such Agency,
if the Agency's legislative body requires such permission.
2.1 Company Permit Requirements.
A Company Permit shall be issued from OCTAP when the following conditions
have been satisfied:
2.1.1 Submission of a complete Company Permit application package.
2.1.2 Submission of a copy of the applicant's drug and alcohol policy
meeting OCTAP requirements and proof that the applicant has
implemented a Drug and Alcohol Certification Program covering all
its affiliated permitted Drivers pursuant to Government Code §
53075.5 and meeting the following requirements.
2.1.2.1 A contract with a drug and alcohol program administrator and
authorized lab certified by the U.S. Department of
Transportation.
2.1.2.2 Procedures and components substantially as in Part 40 of
Title 49 of the Code of Federal Regulations, for pre-
employment or pre-licensing and licensing renewal.
2.1.2.3 Procedures and components substantially as in Part 382 of
Title 49 of the Code of Federal Regulations for rehabilitation,
return-to-duty and follow up testing.
2.1.2.4 Procedures and components for random testing following
U.S. Department of Transportation guidelines, annual
minimum random testing rates, and additional tests as
required following accidents, rehabilitation, return-to-service,
Page 9 of 32
and other circumstances providing reasonable suspicion to
test.
2.1.2.5 When requested, random testing reports to be made available
to OCTAP by the program administrator.
2.1.2.6 The applicant's and program administrator's records shall be
made available to OCTAP upon request within forty-eight (48)
business hours.
2.1.2.7 The test results must be provided to OCTAP and the
Permittee by the testing facility.
2.1.2.8 Drivers must show a valid California driver license at the time
and place of testing.
2.1.3 Submission of evidence of insurance, in full force and effect, in such
form as required by OCTAP, issued by a solvent and responsible
company licensed to do business in the State of California, insuring
the applicant against loss by reason of injury or damage that may
result to persons, including Taxicab passengers, or property, from
the negligent operation or maintenance of such Taxicab.
2.1.3.1 Applicant shall provide a Certificate of Insurance and
Insurance Policy Binder showing that the applicant is insured
for a minimum combined single limit of one million dollars
($1,000,000) for the injury or death of one or more persons in
the same accident, and one hundred thousand dollars
($100,000) for injury or destruction of property with an insurer
with a minimum AM Best Rating of A-7. Each insurance policy
required by these Regulations shall waive all rights of
subrogation against OCTA, OCTAP and its member
agencies, including their respective elected and appointed
officials, officers, directors, employees, agents and
volunteers. No self-insured retention shall be allowed.
2.1.3.2 Deductibles shall not exceed ten thousand dollars ($10,000)
per occurrence. In addition, the applicant shall direct the
insurance company to provide OCTAP copies of
Endorsements to the insurance policy 1) naming OCTA,
OCTAP and its member agencies, including their respective
elected and appointed officials, officers, directors, employees,
agents and volunteers, as additional insureds; and 2)
indicating that coverage shall not be reduced, terminated or
cancelled without thirty (30) days prior written notice to
OCTAP; and 3) the OCTAP special endorsement must be
Page 10 of 32
completed and duly executed by the agent or broker of record
and submitted along with the proof of insurance.
2.1.3.3 At least one (1) business day prior to the expiration of the
current policies, a Permittee shall submit insurance binders
evidencing insurance coverage for the policy period
subsequent to the expiration of the current policies. Lapses
or interruptions of insurance coverage shall cause an
immediate suspension of the Company Permit, pending
revocation, and an immediate revocation of all Taxicab
Permits issued to the Permittee. Reinstatement of a
Company Permit may require payment of applicable fees
and/or fines. Furthermore, if reinstated, any Taxicab(s) a
Permittee desires to be placed back into service will require
the issuance of a new Taxicab Permit with applicable fees
paid.
2.1.4 Submission of Department of Motor Vehicles (DMV) Pull Notice
Program Requester Code Number issued to applicant, as defined in
Vehicle Code § 1808.1 and continuous enrollment in the Pull Notice
program. All affiliated Taxicab Drivers must be enrolled within seven
(7) calendar days from inception of the program or date of affiliation.
Permittees are required to notify OCTAP upon receipt of a DMV Pull
Notice for any affiliated Driver that indicates an action that would no
longer qualify the Driver for a Driver Permit. Permittee shall require
the Driver to immediately cease operation and surrender their Driver
Permit to Permittee. Permittee shall return the Driver Permit to
OCTAP within forty-eight (48) business hours of DMV Pull Notice
receipt. DMV Pull Notice records shall be made available to OCTAP
within forty-eight (48) business hours of request.
2.1.5 Submission of proof of current California Department of Motor
Vehicles registration for each Taxicab listed in the Company Permit
application. All Taxicabs listed in the Company Permit application
shall be registered pursuant to Section 5.2.
2.1.6 Every owner, partner, or principal officer of applicant has submitted
to Live Scan fingerprinting at an approved California Department of
Justice finger printing agency to initiate a Department of Justice
(DOJ) background check (first time applicants only unless otherwise
required) and has enrolled in the DOJ subsequent arrest notification
program.
2.1.7 Every owner, partner, or principal officer of applicant has
successfully cleared all background checks.
Page 11 of 32
2.1.8 At the time the Company Permit application is submitted, the
applicant shall provide to OCTAP a list of OCTAP permitted Drivers
authorized to operate the Taxicabs.
2.1.9 Payment of all applicable fees.
2.1.10 Company shall have a principal place of business from which it
conducts its activities as a Taxicab company and related activities.
Multiple locations for other activities such . as storage,
maintenance/repair, etc., are allowed. For the purposes of these
Regulations, if the Company has provided OCTAP with a valid
address for the receipt of notices and correspondence from OCTAP,
a "principal place of business" may be a Taxicab.
2.1.11 OCTAP may require additional verification for compliance with the
requirements defined herein.
2.1.12 OCTAP Company Permit number must be conspicuously posted in
all company advertisement and media, as required by California
Government Code § 53075.9. Posting must be worded as "OCTAP
Company Permit #XXV. Additionally, advertisements must use the
OCTAP permitted Company name.
2.2. Company Permit Denial.
A Company Permit shall be denied if any of the following apply to an applicant
Company or to any owner, partner, or principal officer of an applicant Company:
2.2.1 Is less than 18 years of age.
2.2.2 Falsifies material information on the application for Company
Permit.
2.2.3 Is a registered sex offender pursuant to California Penal Code
§ 290.
2.2.4 Is on formal probation or parole for any offense outlined in
Sections 2.2.5., 2.2.6., or 2.2.7.
2.2.5 Is convicted (or pleads guilty or nolo contendere) in any state for
any of the following: murder; robbery; pandering; pimping; crimes
related to the sale or transportation of controlled substances,
including marijuana; crimes involving the use of a weapon; or any
other offense involving moral turpitude, or any crime that is
substantially related to the qualifications, functions or
responsibilities of a Permittee.
Page 12 of 32
2.2.6 Is convicted (or pleads guilty or nolo contendere) in any state for a
felony other than those listed in Section 2.2.5., within eight (8)
years of the application.
2.2.7 Has any conviction within five (5) years of application (or plea of
guilty or nolo contendere) in any state or has any final
administrative determination of a violation of any statute,
ordinance, or regulation reasonably and rationally pertaining to the
same or similar business operation which would have resulted in
suspension or revocation of the Company Permit under these
Regulations.
2.2.8 Operation of its business without the insurance required in Section
2.1.3.
2.2.9 Failing to fully satisfy any court judgment entered against the
Company arising from liability for operating Taxicabs, including, but
not limited to,judgments related to collisions or operating without the
requisite insurance, within ten (10) years from the date that the
judgment was originally entered pursuant to California Code of Civil
Procedure § 683.020 and § 683.030 or, if the judgment has been
renewed, within ten (10) years from the date that the application for
renewal of judgment is filed pursuant to California Code of Civil
Procedure § 683.120.
2.2.10 For good cause, subject to appeal pursuant to Section 8. Good cause
is defined to include, but is not limited to, arrests, charges, offenses,
or convictions related to the responsibilities and functions of a
Taxicab company not specifically outlined in this section, that would
be prudent to consider in order to protect the public.
2.3. Company Affiliated Drivers.
At the time the Company Permit application is submitted, the applicant shall
provide to OCTAP a list of OCTAP permitted Drivers authorized to operate the Taxicabs.
A Permittee may add Drivers to its list of Drivers authorized to operate the Taxicabs
identified in the Company Permit, provided that the Driver to be added has been issued
a Driver Permit by OCTAP which states the Driver is affiliated with the Permittee.
2.4. Company Permit Issuance.
Upon applicant's satisfaction of the conditions listed in Company Permit
Requirements, applicant shall be issued an OCTAP Company Permit within five (5)
business days.
Page 13 of 32
2.5. Term of Company Permit.
The Company Permit is valid until December 31, 2020, unless extended,
suspended, or revoked.
2.6. Company Permit Renewal.
No less than sixty (60) days prior to the expiration of the Company Permit, the
Permittee shall submit an application for renewal of its Company Permit in order to allow
sufficient time to review the application for renewal. Failure to submit an application for
renewal of the Company Permit at least sixty (60) days prior to the current expiration
could result in a lapse in the Company Permit and suspension or revocation of Taxicab
Permits. A lapse in the Company Permit may require a Company to submit an application
and fees for a new Company Permit, and fees for Taxicab Permit(s).
2.7. Company Permit Suspension/Revocation.
A Company Permit may be suspended or revoked by OCTAP for any of the
following reasons:
2.7.1 Providing late, false, or inaccurate information in the
Company Permit application.
2.7.2 Allowing operation of a Taxicab by a driver not possessing a valid
OCTAP Driver Permit when stating that the driver is affiliated with the
Permittee.
2.7.3 Failure to comply with the OCTAP Regulations.
2.7.4 Operation of any Taxicab at a rate higher than the authorized fare or
an agency program as described in Section 2.10.
2.7.5 Failure to cooperate with an Agency's law enforcement officers, code
enforcement officers, OCTAP staff, and/or California Highway Patrol.
2.7.6 Operating its business in violation of the insurance requirements in
Section 2.1.3.
2.7.7 Failure to comply with the drug and alcohol policy and program
required in Section 2.1.2.
2.7.8 Failing to fully satisfy any court judgment entered against the
Company arising from liability for operating Taxicabs, including, but
not limited to,judgments related to collisions or operating without the
requisite insurance, within ten (10) years from the date that the
judgment was originally entered pursuant to California Code of Civil
Page 14 of 32
Procedure § 683.020 and § 683.030 or, if the judgment has been
renewed, within ten (10) years from the date that the application for
renewal of judgment is filed pursuant to California Code of Civil
Procedure § 683.120.
2.7.9 Circumstances providing grounds for denial of a Company Permit as
outlined in the OCTAP Regulations.
2.7.10 Violating Government Code § 53075.9 pertaining to advertising.
2.7.11 For good cause, subject to appeal pursuant to Section 8. Good cause
is defined to include, but is not limited to arrests, charges, offenses,
and or convictions related to the responsibilities and functions of a
Taxicab company not specifically outlined in this Section, that would
be prudent to consider in order to protect the public.
2.8 Company Permit Penalties/Suspensions.
In lieu of revocation, OCTAP may impose a penalty in the form of a fine, a period
of suspension, or both a fine and period of suspension. The OCTAP Administrative Action
and Fines Schedule is attached as "Attachment 3."
2.9 Right to Appeal.
A Company Permit applicant or Permittee may appeal a Company Permit denial,
revocation, suspension, or fine as provided for in Section 8.
2.10 Agency or Other Transportation Agreements.
2.10.1 An OCTAP Permittee may participate in agency or other
transportation programs within the jurisdiction of OCTAP under the
following conditions:
2.10.1.1 Transportation program requirements do not conflict with
OCTAP Regulations. Agency or other providers may require
standards and guidelines that are greater than general
OCTAP requirements. The agency or provider is responsible
for managing and monitoring its program-specific
requirements.
2.10.1.2 Permittee is in good standing with OCTAP, maintains all
required OCTAP permits, and continues to comply with all
OCTAP requirements.
2.10.1.3 Taxicab Driver must continue to display OCTAP Driver Permit
regardless of any other agency or program identification that
may be required by the sponsoring agency.
Page 15 of 32
2.10.1.4 Permittee may establish a specialized fare structure for
agency or program trips through its agreement with the
agency.
2.10.1.5 For on-demand (flagged) trips, the metering device must be
operated any time the Driver is carrying a customer on behalf
of Permittee, regardless of an agreement pursuant to Section
6.4.
3. DRIVER PERMITS
A Driver must be affiliated with an OCTAP permitted Company and possess a valid
OCTAP Driver Permit in order to operate a Taxicab.
3.1. Driver Permit Requirements
A Driver Permit may be obtained from OCTAP, provided the applicant has
submitted all of the following:
3.1.1 Complete Driver Permit application, signed by a representative of the
Permittee to which the driver intends to be affiliated.
3.1.2 Valid California driver license (Class C).
3.1.3 California Department of Motor Vehicles H6 report issued within thirty
(30) days of submission of a complete application package.
3.1.4 A negative drug and alcohol screening test administered by
Permittee's program administrator within the previous thirty(30)days
in compliance with California Government Code § 53075.5(b)(3).
3.1.5 Proof of enrollment in Permittees current and active random drug and
alcohol program.
3.1.6 Live Scan fingerprints taken at an approved California Department
of Justice finger printing agency.
3.1.7 Acceptable CDL and DOJ background checks.
3.1.8 Payment of all applicable fees.
Page 16 of 32
3.2 Driver Permit Issuance.
A Driver Permit shall be issued within five (5) business days after satisfaction of
requirements in Section 3.1.
3.3 Term of Driver Permit.
A Driver Permit is valid until December 30, 2020, unless extended, suspended,
revoked, otherwise terminated, or when issued based on a temporary or interim California
driver license.
3.4 Renewal of Driver Permit.
Up to sixty (60) working days prior to the expiration of the Driver Permit, the Driver
may reapply for a Driver Permit pursuant to Section 3 in order to allow time to review the
application for renewal. The renewal of a Driver Permit shall be granted within five (5)
business days of satisfaction of all requirements for renewal.
If a Driver Permit expires before approval of renewal, the Driver will not be allowed
to operate a Taxicab until the renewal Driver Permit is approved, issued, and in the
Driver's possession. Drivers who do not apply to renew prior to the expiration of their
permit will be charged late fees in accordance with the OCTAP fee structure.
3.5 Driver Permit Limitation.
An OCTAP Driver Permit is only valid for the Driver to operate a Taxicab for the
Permittee indicated on the Driver Permit. A Driver may not operate a Taxicab for another
Company unless the Driver completes a transfer application pursuant to Section
3.7. Reproduction of a Driver Permit is strictly prohibited for any reason with the exception
of Company management copying the permit for recordkeeping purposes.
3.6 Replacement Driver Permit.
A replacement for a lost or damaged Driver Permit or a subsequent Driver Permit
previously issued based on a temporary or interim California driver license may be
obtained from OCTAP upon payment of all applicable fees. A Driver shall not operate a
Taxicab until a replacement permit is obtained and in possession of the Driver pursuant
to this Section. A replacement Driver Permit shall expire on the same date as the original
Driver Permit and shall not exceed the Driver's annual permit period.
3.7 Driver Permit Transfer to Another Company.
A Driver may request a transfer of his/her Driver Permit to another Permittee
provided the Driver has submitted the following to OCTAP:
Page 17 of 32
3.7.1 A Driver Permit application signed by an authorized representative
of the prospective Permittee.
3.7.2 The Driver Permit transfer fee.
3.7.3 Valid California driver license (Class C).
3.7.4 OCTAP Driver Permit to be transferred.
3.7.5 Verification of enrollment transfer in Permittee's current and active
random drug and alcohol program.
3.7.6 Driver shall not operate a Taxicab until the transfer permit is obtained
and in possession of the Driver pursuant to this Section.
3.7.7 A transferred Driver Permit shall expire on the same date as the
original Driver Permit and shall not exceed the Driver's permit period.
3.8 Driver Permit Denial.
A Driver Permit shall be denied if applicant:
3.8.1 Is less than 18 years of age.
3.8.2 Does not possess a valid California driver license (Class C).
3.8.3 Fails to enroll in the required random drug and alcohol program.
3.8.4 Fails the required drug and/or alcohol test. Upon testing positive for
drugs and/or alcohol, the applicant shall not be eligible to reapply for
a Driver Permit for a period of one (1) year from the test date.
3.8.5 Falsifies, or fails to disclose, material information on the application
for a Driver Permit.
3.8.6 Is required to register as a sex offender pursuant to California Penal
Code § 290.
3.8.7 Is on formal probation or parole for any offense outlined herein.
3.8.8 Is convicted (or pleads guilty or nolo contendere), regardless of the
time elapsed, in any state, of any of the following or their equivalent:
murder; a violation of California Vehicle Code § 2800.2 (pertaining to
disregard for safety of persons or property), § 2800.3 (pertaining to
flight from peace officer causing death or bodily injury), or § 20001
(pertaining to duty to stop at scene of accident); robbery; pandering;
Page 18 of 32
pimping; crimes related to the manufacture, use, sale, possession,
or transportation of controlled substances; sale or transportation of
marijuana; crimes involving weapons; any crime for which
registration would be required under California Penal Code § 290;
crimes involving credit card fraud or use of another person's
identifying information without authorization (California Penal Code
§ 530 or equivalent or substitute sections); or any other offense
involving moral turpitude or any crime that is substantially related to
the qualifications, functions or responsibilities of a Taxicab driver.
3.8.9 Is convicted of any felony in any state (or pleads guilty or nolo
contendere), other than those felonies listed in Section 3.8.8, within
eight (8) years of application.
3.8.10 Is convicted (or pleads guilty or nolo contendere) of any of the
following within five (5) years of application: reckless driving; driving
under the influence of intoxicating liquors or drugs (DUI); use or
possession of marijuana; a violation of California Vehicle Code §
2800.1 (pertaining to flight from peace officer); § 20002 (pertaining
to duty where property is damaged), §20003 (pertaining to duty upon
injury or death) or any corresponding substitute sections; vehicular
manslaughter; and Penal Code §§ 240, 241, 242, and 243 or any
corresponding substitute sections pertaining to assault and battery.
3.8.11 For good cause, subject to appeal pursuant to Section 8 below. Good
cause is defined to include, but is not limited to, arrests, charges,
offenses, and/or convictions related to the responsibilities and
functions of a Taxicab driver, not specifically outlined in this Section,
that would preclude an applicant from possessing an OCTAP Driver
Permit.
3.8.12 Fails to execute a lease, sublease, or owner-operator agreement
with Permittee.
3.9 Driver Permit Suspension/Revocation.
A Driver Permit may be suspended or revoked by OCTAP for any of the following
reasons:
3.9.1 Failure to comply with the applicable provisions (including timeliness
of submissions) of the OCTAP Regulations.
3.9.2 Circumstances providing grounds for denial of a Driver Permit as
outlined in the OCTAP Regulations.
3.9.3 Revocation or suspension of driver's California driver license.
Page 19 of 32
3.9.4 Driver's failure to cooperate with an Agency's law enforcement
officers, code enforcement officers, OCTAP staff, and/or California
Highway Patrol officers.
3.9.5 Notification to OCTAP by the Permittee that the Driver is no longer
an authorized driver for the Permittee.
3.9.6 Testing positive on a drug and alcohol screening, or failure to submit
to Permittees random drug and alcohol testing program.
3.9.7 Not enrolled and active in the required random drug and alcohol
program.
3.9.8 For good cause pursuant to Section 8, subject to appeal. Good cause
is defined to include, but is not limited to, arrests, charges, offenses,
and or convictions related to the responsibilities and functions of a
Taxicab driver, not specifically outlined in this Section, that would
preclude a driver from possessing an OCTAP Driver Permit.
3.9.9 A Driver whose permit is revoked shall be prohibited from applying
for a new Driver Permit for one (1) year from the date of revocation.
3.10 Driver Permit Penalty/Suspension.
In lieu of revocation, OCTAP may impose a penalty in the form of a fine, a period
of suspension, or both a fine and a period of suspension as specified in the OCTAP
Regulations. The OCTAP Administrative Action and Fines Schedule is attached as
"Attachment 3."
3.11 Driver Permit Appeal.
The denial, suspension, or revocation of a Driver Permit may be appealed as
provided in Section 8.
3.12 Driver Permit Surrender.
Upon expiration, suspension, or revocation of a Driver Permit, or upon termination
of employment or affiliation with a Permittee, a Driver shall cease work immediately and
surrender the Driver Permit to OCTAP within forty-eight (48) business hours.
4. TAXICAB PERMITS
4.1 Taxicab Permit Required.
Page 20 of 32
No person shall operate a Taxicab, or advertise a Taxicab business, on behalf of
a Permittee within the Area of Jurisdiction of an Agency without a Taxicab Permit from
OCTAP, unless otherwise authorized by Government Code § 53075.5. At all times while
providing taxi service, the Taxicab Permit must be displayed in the left-hand corner of the
rear window of the Taxicab for which the Taxicab Permit is issued. A Taxicab Permit is
nontransferable and is valid until December 31, 2020, unless, extended, suspended or
revoked.
4.2 Inspections.
Prior to issuance or renewal of a Taxicab Permit, Company must complete a
vehicle inspection at an ASE-certified or BAR-registered facility and submit proof to
OCTAP, signed by the inspecting facility, that the Taxicab has met all inspection
standards.
4.3 Vehicle Replacement.
OCTAP shall issue a Taxicab Permit for a replacement Taxicab, valid for the time
remaining under the Taxicab Permit of the replaced Taxicab, upon satisfaction of the
following conditions:
4.3.1 Permittee submits the new Taxicab within two weeks of the time that
the original permit is surrendered.
4.3.2 Surrender of the existing Taxicab Permit to OCTAP.
4.3.3 Payment of Vehicle Permit replacement fee.
4.3.4 Company provides proof satisfactory to OCTAP that the replacement
Taxicab passes a Taxicab inspection by an ASE-certified or BAR-
registered facility.
4.4 Taxicab Permit Renewal.
A Taxicab Permit shall be renewed annually upon payment of applicable fees and
submission of proof satisfactory to OCTAP that the Taxicab passes an inspection by a
facility certified by an ASE-certified or BAR-registered facility.
4.4.1 Upon the successful completion of the above requirements, OCTAP
shall provide a new expiration year for the Taxicab Permit.
4.4.2. A Taxicab presented for renewal after the permit expiration date will
be charged late fees, up to and including the date the Taxicab permit
is renewed (in accordance with the current OCTAP Fee Structure),
and subjects the Permittee to other administrative actions and fines.
Page 21 of 32
4.5 Taxicab Permit Surrender.
A Permittee, when selling or removing a Taxicab from the fleet, must assure that
the OCTAP Taxicab Permit, welcome decals, and other OCTAP Taxicab markings are
removed and that the vehicle cannot be mistaken by the public as an authorized Taxicab.
OCTAP Permits and welcome decals must be surrendered to OCTAP within forty-eight
(48) business hours.
4.5.1 A Permittee must surrender the Taxicab Permit to OCTAP if a
Taxicab has been removed from the OCTAP-approved insurance
policy, if the Taxicab Permit is revoked, or upon its expiration (if the
Taxicab Permit will not be renewed).
4.5.2 A Taxicab permit which is voluntarily surrendered by a Permittee can
be replaced upon completion of an annual Taxicab inspection and
payment of the required fees, or as provided in Section 4.6.
4.6. Replacement Taxicab Permit.
If a Taxicab Permit has been damaged or is missing due to theft or destruction, a
replacement permit will be issued to the same Taxicab and Permittee, upon payment of
the required replacement fee. The replacement Taxicab Permit shall be valid for the
remaining term of the Taxicab Permit that was replaced.
5. TAXICAB REQUIREMENTS
All Taxicabs shall meet the requirements of the California Vehicle Code, including,
but not limited to, California Vehicle Code § 24000, et seq. The California Vehicle Code
shall take precedence over any OCTAP Taxicab requirement. Taxicabs must be
maintained to these standards at all times.
5.1 Proof of Insurance.
Taxicab Drivers shall at all times carry in the vehicle evidence of the form of
financial responsibility in effect for the vehicle, pursuant to California Vehicle Code
§§ 16020 through 16028.
5.2 California Vehicle Registration.
Evidence of valid and current vehicle registration must be maintained in each
Taxicab, pursuant to California Vehicle Code § 4462.
5.2.1 Registered as a commercial vehicle, pursuant to California Vehicle
Code § 260.
Page 22 of 32
5.2.2 Registered to the Permittee showing the same Permittee name and
address or registered to the OCTAP permitted Driver showing the
same permitted Driver name and address.
5.3 Taxi Company Designation.
Permittee's Company name and/or logo shall be placed in an area visible from the
interior and exterior of the vehicle at all times while in service and when soliciting
passengers on behalf of Permittee.
5.4 Vehicle Maintenance and Records.
All Taxicabs shall be maintained in accordance with the service standards
recommended by the vehicle manufacturer. Service records and repair or maintenance
receipts shall be kept and made available to OCTAP Staff upon request.
5.5 Seating.
All Taxicabs shall be equipped to seat no more than eight (8) passengers,
excluding the driver.
6. TAXICAB OPERATION
A Driver must possess and display a valid Driver Permit at all times while providing
Taxicab service. Driver shall ensure that the Taxicab meets all requirements of the
OCTAP Regulations prior to placing the Taxicab in service. Any driver in possession of
an altered, copied, or defaced permit will not be considered in possession of a valid
Driver's Permit.
6.1 Solicitation.
Driver shall not leave his/her Taxicab to solicit passengers.
6.2 Fares Charged.
For pre-arranged trips, a Driver shall not charge fares higher than those disclosed
to the customer in accordance with Section 1.1.11. For on-demand (flagged) trips, the
Taxicab must possess a fully operational taximeter with current and intact seals, or any
type of device or technology approved by the Division of Measurement Standards to
calculate fares, including the use of Global Positioning System metering, provided that
the device or technology complies with Section 12500.5 of the Business and Professions
Code and with all regulations established pursuant to Section 12107 of the Business and
Professions Code. The customer shall not be charged a fare that exceeds the authorized
fare.
6.3 Receipt.
Page 23 of 32
Driver shall provide a receipt for the amount charged upon request of the person
paying the fare, which contains the Driver's name and permit number, telephone number,
Permittee name, charge amount, date, and time of transaction.
6.4 Accidents.
In the case of an automobile accident, unless rendered incapable, the Driver shall
comply with the minimum requirements for the mandatory exchange of information
established in California Vehicle Code § 16025.
6.5 Agency or other Transportation Agreements.
Permitted OCTAP Drivers may participate in agency or other transportation
programs within the jurisdiction of OCTAP under the following conditions:
6.5.1 The Driver must continue to follow all OCTAP Regulations.
6.5.2 The Driver must continue to display the OCTAP Driver Permit
regardless of any other identification that may be required by the
program or agency.
6.5.3 Taximeter must continue to be operated at any time that the Driver
is carrying a customer, regardless of any other fare agreement.
6.6 Advertising.
Every permitted Driver shall comply with Government Code § 53075.9 and include,
in every written or oral advertisement of the Driver's Taxicab services, the name of the
Permittee, the Permittee's OCTAP Permit number, and the Driver's OCTAP Permit
number. An advertisement includes, but is not limited to, the issuance of any card, sign,
or device to any person; the causing or allowing the placement of any sign or marking on
or in any building or structure; or an advertisement in any media form, including
newspaper, magazine, radio wave, satellite signal, or any electronic transmission, or in
any directory soliciting Taxicab transportation services.
7. REPORTING VIOLATIONS OF OCTAP REGULATIONS
OCTAP may investigate for violations of OCTAP Regulations and issue any
appropriate administrative actions, including fines. OCTAP will not investigate any
reports of alleged illegal Taxicab operation, such as bandit Taxicab activity, but may refer
such reports to the local code or law enforcement agency. A person reporting a violation
must provide OCTAP with their name and contact information.
Reports alleging illegal Taxicab operation or violation of the OCTAP Regulations
shall require all of the following information be provided:
Page 24 of 32
• Date, time and location;
• Description of activity;
• Vehicle's license plate number, color, make and model, and any distinctive
characteristics.
Reports alleging a violation of Government Code § 53075.9 pertaining to
advertising must provide a copy or sample of the advertising information (such as the
sign, business card, advertising display, webpage, electronic recording or phone
directory) evidencing non-compliance with the statute.
8. APPEALS AND ADMINISTRATIVE HEARINGS
In the event a permit is denied, suspended, revoked, or a penalty is imposed, the
applicant, Permittee, or Driver shall be notified in writing of the adverse action and the
reason(s) supporting it.
8.1 Notice of Appeal.
No later than ten (10) calendar days following the date on the notice of adverse
action, the applicant, Permittee, or Driver may submit a written appeal on a form provided
by OCTAP. The applicant, Permittee, or Driver shall set forth in the appeal the reason(s)
why such action is not proper. Failure to file a timely appeal shall constitute a waiver of
the right to an appeal.
8.2 Stay.
Except as provided in Section 8.3., if an appeal is properly filed the adverse action
shall be stayed pending the final determination on appeal.
8.3 Stay, Exception.
If OCTAP determines that the continued operation of a Taxicab, possession of a
Company Permit, or possession of a Driver Permit represents a health or safety hazard
for the public, the adverse action shall not be stayed pending the final determination on
appeal.
8.4 Initial Review of Appeal.
If an appeal is timely filed, OCTAP shall either make the final decision regarding
the appeal or shall assign a hearing officer to make the final decision regarding the
appeal. OCTAP may review the appeal and any additional information provided therein
and shall have the discretion to determine the appropriate action in response to the
appeal.
Page 25 of 32
8.5 Hearing Officer.
In the event OCTAP elects to assign a hearing officer to decide the appeal then
the following shall apply:
8.5.1 The hearing officer shall not have participated in the decision which
is the subject of the appeal.
8.5.2 The hearing officer shall expeditiously schedule the appeal hearing.
8.5.3 The appellant and OCTAP shall each have the right to appear in
person and be represented by legal counsel or other representative,
to present evidence, to call and cross-examine witnesses under
oath, and to present argument.
8.5.4 The formal rules of evidence shall not apply, and any relevant
evidence that is the sort of evidence upon which responsible persons
are accustomed to rely in the conduct of serious affairs shall be
admissible.
8.5.5 Hearsay evidence may be considered by the hearing officer, but no
findings may be based solely on hearsay evidence unless supported
or corroborated by other relevant and competent evidence.
8.5.6 OCTAP may promulgate supplementary rules and procedures for the
conduct of the hearing, the forms of notice and proceedings, and the
preparation and submission of the record.
8.5.7 The hearing officer shall have the discretion to determine the
appropriate action in response to the appeal.
8.5.8 The decision of the hearing officer shall be the final administrative
remedy and shall be binding upon the parties to the appeal.
8.5.9 If the hearing officer decides to suspend or revoke a permit, the
appellant shall immediately surrender the permit to OCTAP.
8.6 Administrative Hearings.
Administrative hearings may be held at the discretion of OCTAP when the denial,
suspension, or revocation of a Company Permit or Driver Permit, or other administrative
actions, are initiated for good cause and in the interest of the health, welfare, and safety
of the public.
9. PERMIT FEES AND TAXICAB FARES
Page 26 of 32
9.1 OCTAP Permit Fees.
A schedule for Permit fees will be proposed by OCTAP, reviewed by the Steering
Committee, and approved by the OCTA Board of Directors in the amount necessary to
recover all costs incurred by OCTA in the administration of OCTAP. The fee schedule
adopted by the OCTA Board of Directors is attached hereto as "Attachment 1."
9.2 Metered Rates.
Taxicab metered rates are established by OCTAP for on-demand (flagged) trips.
9.2.1 Each Agency agrees to adopt the metered rates approved by the
OCTAP Steering Committee, which is attached hereto as
"Attachment 2."
9.2.2 Proposed revisions to the Metered Rates will be provided by OCTAP
to the Steering Committee for approval, or the Steering Committee
may approve consideration of a revised Metered Rate recommended
by a member.
9.3 Refund Policy.
There shall be no refund of any portion of the fees described in the OCTAP
Regulations.
10. AMENDMENTS TO REGULATIONS
10.1 Administrative Amendments.
The Steering Committee may adopt administrative amendment(s) to the OCTAP
Regulations. OCTAP shall notify each Agency and the OCTA Board of Directors of any
changes adopted pursuant to this Section.
10.2 Substantive Amendments.
Notwithstanding Section 10.1, the Steering Committee is not authorized to adopt
substantive amendments to the OCTAP Regulations. Any substantive amendment shall
be recommended by the Steering Committee and be approved by each Agency. These
amendments shall be effective only in the Area of Jurisdiction of each Agency that has
approved the amendment(s). For purposes of this Section, a substantive amendment is
defined as an amendment likely to have any of the following effects:
10.2.1. Affect the rights, responsibilities, and participation of any Agency
(such an amendment must also be approved by the OCTA Board of
Directors).
Page 27 of 32
10.2.2. Decrease the number of Companies or the number of Taxicabs
operating in the Area of Jurisdiction of any Agency.
10.2.3. Affect the purpose of the OCTAP Regulations.
10.3 OCTAP Permit Fees and Taxicab Metered Rates.
10.3.1. Sections 10.1 and 10.2 above shall not apply to an amendment to
the OCTAP fee schedule, attached hereto as Attachment I," which
is adopted by the OCTA Board of Directors.
10.3.2 An amendment of the Taxicab Metered Rates for On-Demand
(Flagged) Trips attached hereto as "Attachment 2" and adopted
pursuant to Section 9.2 of these Regulations shall be considered an
administrative amendment pursuant to Section 10.1 in order to
ensure uniformity of fares within Orange County.
--End of Regulations--
Page 28 of 32
OCTAP Regulations —Attachment 1
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM
OCTAP FEE STRUCTURE
Approved: March 11, 2019
Effective: April 1, 2019
Company Permit
Two-Year Permit $3,334
Vehicle Permits (per vehicle)
Two-Year Permit $639
Driver Permits
Two-Year Permit $250
Fees shown are paid to OCTAP. Additional fees are paid by driver for drug testing,
fingerprinting, and/or background check.
Page 29 of 32
OCTAP Regulations —Attachment 2
ORANGE COUNTY APPROVED TAXICAB METERED RATES
FOR ON-DEMAND (FLAGGED) TRIPS
Effective: April 1, 2019
$3.50 for the flag drop and first 1/5 mile
$0.55 for each 1/5 mile, after the first 1/5 mile ($2.75 per mile)
$32.00 per hour wait time (Approximately $0.53 per minute)
No Extra Charge for Additional Passengers.
Page 30 of 32
OCTAP Regulations — Attachment 3
OCTAP ADMINISTRATIVE ACTION AND FINES SCHEDULE
Effective: April 1, 2019
DESCRIPTION FINES
(per ACTION
occurrence
Advertising
Failure to include, in any form of advertisement, the Up to Escalating fines per advertising
company permit number and company name associated
with the permit. $5,000 occurrence, up to$5,000 per incident.
Taxicab permit Warning or suspension of company permit
Valid permit must be affixed to taxicab. Not in Service $500 and revocation of all taxicab permits.
signs required if cab is not available for service. Renewal, replacement, or re-inspection
and fees apply.
Random drug and alcohol testing Warning or suspension of company permit
Failure to maintain program in accordance to the policy $500 and revocation of vehicle permits. Re-
submitted to OCTAP. inspection and fees apply.
Unauthorized driver Warning or suspension company permit
Allowing a non-permitted individual or a driver to operate a
Re-
taxicab without establishing a lease or owner-operator $500 and revocation of all vehicle permits. Re-
inspection and fees apply.
agreement.
Insurance Suspension of company permit and
Failure to submit renewal at least one business day prior to $250 revocation of vehicle permits on insurance
policy expiration, incomplete submission, unqualified policy expiration date. Re-inspection and
• insurance provider, or inadequate coverage. fees apply.
Fares Warning or suspension of company permit
Operating or allowing a driver to use a rate higher than $250 and revocation of vehicle permits. Re-
authorized fares. inspection and fees may apply.
Failure to Cooperate or Comply with Regulations
Failure to respond or provide documents requested by Warning or suspension company permit
OCTAP and any failure to comply with regulations not $250 and revocation of all vehicle permits. Re-
specifically addressed in Administrative Action and Fines. inspection and fees apply.
Vehicle Registration
• Expired vehicle registration or operating a vehicle not Warning or suspension of company permit
• $250 and revocation of vehicle permits. Re-
registered to the OCTAP Permittee or affiliated permitted
inspection and fees apply.
driver.
Taximeter or Approved Metering Device Warning or suspension of company permit
Broken or missing seals, outdated seals, non-functioning
Re-
meter, or a taximeter or metering device that charges a fare $100 and revocation of vehicle permits. Re-
inspection and fees apply.
other than the authorized metered rate.
Dispatch Fine will increase to $250 after second
Failure to provide reservation and dispatch services or offense in a 24 month period. May result
records in accordance to company policy submitted to $100 in suspension of company permit and
OCTAP, or failure to provide dispatch records to OCTAP revocation of all vehicle permits. Re-
upon request. inspection and fees apply.
DMV Pull Notice Program
Failure to maintain an active program, to enroll driver(s), to Warning or suspension of company permit
notify OCTAP of non-qualified driver(s) as required, or to $100 and revocation of vehicle permits. Fine
provide pull notice records to OCTAP upon request. may increase for repeated occurrences
Page 31 of 32
Customer Information
Failure to display required interior information; out of $50 Warning. Re-inspection and fees apply.
service sign.
Driver Affiliation Notification Warning or suspension of company permit
Failure to notify OCTAP of non-qualified or unauthorized $50 and revocation of all vehicle permits. Re-
-driver(s)within 48 hours. inspection and fees apply.
Advertising
Failure to include in any advertisement the OCTAP issued Up to Escalating fines per occurrence, up to
company and driver permit number and affiliated taxicab $5,000 $5,000 per incident.
company name.
Operating an Unsafe Vehicle
Driver shall ensure daily that the taxicab meets all safety $250 Vehicle may be placed Out of Service. Re-
and inspection standards prior to placing the taxicab in inspection and fees may apply.
service.
Fares
Failure to run taximeter or approved metering device;
charging a fare that exceeds authorized metered rate for on $250 Repeated occurrence may result in
demand (flagged) trip; or charging more than the agreed- suspension or revocation of Driver Permit.
upon price for prearranged trips booked through the
—permitted taxicab company.
Failure to Comply with Regulations
i Allowing another person to use your driver permit, a non-
permitted person, or driver not affiliated with Permittee to
Warning, suspension, or revocation of
operate your taxicab. Operating a taxicab without a lease $250
.L or operating agreement with Permittee; and any other driver permit.
failure to comply with regulations not specifically addressed
in Administrative Action and Fines.
Acceptance of Payments $100 Warning, suspension, or revocation of
. Failure to accept Visa and/or MasterCard payments. driver permit for repeat offenses.
XCompany Affiliation Warning, suspension, or revocation of
Driving a taxicab for a company not identified on your driver $100 driver permit.
permit.
O Failure to Cooperate
_W Fail to respond to requests, or to provide documents $100 Warning, suspension, or revocation of
drequested b OCTAP staff. driver permit.
Altered Permit $100 Warning, suspension, or revocation of
Possession or use of an altered OCTAP permit. driver permit.
IZ Taximeter Taxicab will be placed Out of Service. Re-
Broken or missing seals, outdated seals, non-functioning $50 inspection and fees will apply
meter.
Receipt
Failure to provide a receipt or to provide a receipt that $25 Re-inspection and fees may apply.
meets requirements set forth in regulations.
Driver Permit
Failure to display as required. $25 Fine increases to $50 after second offense
in a 24 month period.
Insurance and Registration
4
Failure to produce evidence of current insurance and/or $ per Fines increasing to per item after
istration item second offense in a 2 month period.
re
Page 32 of 32
Res. No. 2019-13
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on March 18, 2019 by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Hardy
NOES: None
ABSENT: Brenden, Delgleize
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
LEGISLATIVE DRAFT
HBMC Section 5048
5.48.010 Definitions
For the purpose of this Cehapter, the words and phrases herein defined shall be construed in
accordance with the following definitions:
"City"means the City of Huntington Beach.
"City Authorization" means City authorization to operate a Ttaxicab
business in the City.
"Driver" means a person who drives a Taxicab and who has a valid OCTAP-issued Driver
Permit. r .t� n ements of :w::cab
"Driver's Ppermit"means a valid permit issued by OCTAP authorizing a person to drive
or control the movements of a Ttaxicab.
"Exclusive Ride" means one or more passengers hiring a Driver for a ride to a specified
destination As part of an Exclusive Ride,the passenger may direct the Driver to pick up
additional passengers en-route to a destination and incur the additional metered time and/or
distance that would be required.
"OCTAP"means the Orange County Taxi Administration Program administered by the
Orange County Transportation Authority of which the City is a member.
"OCTAP Regulations" means the current Regulations of OCTAP.
"Operate a Ttaxicab" means to drive a Ttaxicab and either solicit or pick up passengers for
hire in the City.
"Owner" means the registered owner or lessor of a Ttaxicab.
"Person" includes natural person, firm, association, organization, partnership, business,
trust, corporation, or public entity.
"Prearranged Trip" means a trip using an online enabled application, dispatch, or Internet
Website A Taxicab company may provide prearranged trips anywhere within the county in
which it has obtained a Taxicab Company Permit.
"Substantially Located" means the primary business address of the Taxicab Company or
Driver is located and the City within Orange County which accounts for the largest share of
that Company or Driver's total number of trips within Orange County over the past year and
determined every five years thereafter, as further defined at Government Code Section
53075.5(kl(21.
"Taxicab" means a vehicle operated within the jurisdiction of 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
Sstate agency, including 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.
1
SF/19-7285/198030
« permit"ness means a valid pet=fnit issued by OGTAP a+Aher-izing a per-son to
"Taxicab Company" means a passenger-for-hire business either based in the City or
elsewhere whose business activity includes picking up any passengers in the City by on-
demand requests a radio dispatched service or referral which results in charging the
passenger by metered time and/or distance to a destination identified by the hiring
passenger for an exclusive ride Such taxi services are a business that is required to be
permitted under this Chapter. Taxi services which have picked up passengers outside of the
City and delivered the passengers to a location within the City are excluded from the
permitting requirements under this Chapter.
"Taxicab Company Permit" means a valid permit issued by OCTAP authorizing a
Company to operate a Taxicab business within those cities and jurisdictions participating in
OCTAP.
"Taxicab Vvehicle P_Permit" means a valid permit issued by OCTAP authorizing a
particular vehicle to be operated as a Ttaxicab.
5.48.020 Qty OCTAP Authorization Required
A. No A person shall only operate a Ttaxicab in the City without an OCTAP issued
Taxicab Company Permit. if of that t b is authorized b the City to ^ e a t
business in the Gi:[�.
B. Only aAn Owner authorized by OCTAP may operate shall only its allow a Taxicabs
tai6eab business in the City.
G. The pr-eeedur-es for- City autheriza4ion to eper-a4e a tw6eab business in the City shall be
established by separate r-eselution or-ordinanee E)f the City Gotmeil.
5.48.030 Driver''s Permit Required
A No person shall only operate a Ttaxicab in the City without an OCTAP issued if that person
possesses a-D_driver's Ppermit. d if the City t a4ion has been btai ed. An No Oewner
shall only alle permit a Person fiver to operate a the Owner's Ttaxicab unless the ewfled by
the ^ ^r if that Person driver possesses an OCTAP issued Ddriver's lPpermit. and if the City
*hor- L i, Lt a
5.48.040 Taxicab Vehicle Permit Required
A No person shall o4y operate a Ttaxicab if unless his or her that vehicle displays an OCTAP
issued aTtaxicab Vvehicle Rermit _ d if City +'� z atie has b ^;�o btai ^'• An No Oewner
-
shall permit his or her only allow a Ttaxicab to be operated in the City
unless the Taxicab ir+''p+ -'.'^'^ displays a Ttaxicab Vvehicle Permitand G author- zat on
1— booms ^,.t,,ined
SF:19-7285/198030 2
5.48.050 Taxicab Business Permit Required
A No Pperson shall only operate a Ttaxicab Company business in the City without an 47OCTAP
issued a Ttaxicab Company business Ppermit and if City a thee- z do ''us
been obtained.
5.48.060 Application for Permits
Applications for a Ddriver hermit, Ttaxicab V_vehicle Peermit or Ttaxicab Company business
hermit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied
by an application fee sufficient to cover the administrative costs of processing said application as
established by OCTAP
c n Q non Testing for Q + 11 ,l c 1. tanees ,1 n l L. 1
A dfiver- shall test negative for- eoi4rolled substanees and aleohel as fequifed by applieable sta4e
statutes.
Tn 9.080 T nee rpcc�e'-`
shall
adopted by separate r-esoltition of Gity Gatmeil. Said proof of insufanee must elearly idet4ify thee
ohiele eoNwed,
No permit issued under-this ehapter shall be assigned > of used by>
other.-
than t1, per-RAn or- ehiel o namedstieh 1v it
5.48.07400 Equipment
A Ttaxicab operated under the authority of this Cehapter shall be equipped according to the
standards established by OCTAP Regulationsand adopted by sepafate feselution of Ci�y
Eeuneil.
5 48 080 Data Collection to Determine Substantially Located.
Pursuant to Government Code Section 53075 52 beginning January 1, 2019, all Taxicab
Companies and Drivers shall collect data to determine which jurisdiction each Company and
Driver are Substantially Located Beginning January 1 2019, data for prearranged and non-
prearranged trips collected in the previous twelve (12) months shall be provided upon the date of
renewal to the City of any Taxicab Company.
SF:19-7285/198030 3
5 48 090 Notice of Substantially Located in City.
Any Taxicab Company or Driver who changes from being Substantially Located in another
jurisdiction to be Substantially Located in the City shall provide the City with six months' notice
prior to making that change.
5.48.104-0 Mechanical Condition
A Ttaxicab operated under the authority of this Cehapter shall be maintained according to the
standards established by OCTAP Regulationsand adopted by separate resolution of the Cit
Eetineil.
5.48.1120 Operational Requirements
A. A Ddriver shall only carry a passenger to his or her destination by the most direct and
accessible route.
B. A Ttaxicab shall have all Ppermits issued by OCTAP conspicuously displayed
according to the standards established by OCTAP
City Couneil.
C. A Ttaxicab shall have the following information continuously posted in a prominent
location in the Ttaxicab passenger's compartment according to the standards established by
OCTAP:
1. A schedule of rates and charges for the hire of said Ttaxicab;
2. The Ddriver's name and address;
3. The Oewner's name, address and telephone number;
4. The taxicab identification number;
5. The D_driver's 1permit issued pursuant to this Cehapter;
6. The Ttaxicab Vvehicle hermit issued pursuant to this Cehapter; and
7. Any other information required by the City.
D. A Ddriver shall give a receipt for the amount charged upon the request of the person
paying the fare.
E. A Ttaxicab shall only be operated if the passenger compartment is kept in a clean and
sanitary condition.
F. A Ddriver shall not leave his or her Ttaxicab to solicit passengers.
G. The name or trade name of the Oewner and the number by which the Ttaxicab is
designated shall be printed, stamped or stenciled conspicuously on the outside of each
Ttaxicab according to the standards established by OCTAP and adopted by separate
resolution of the City Council.
SF:19-7285/198030 4
5.48.1230 Rates and Charges
No Ddriver shall charge fares rates and charges higher other than those established by OCTAP
and adepted by separate resolution of City Gounse4.
5.48.130 Separate From Business Licensing
The requirements of this Cehapter are separate and independent from the business licensing and
any other provisions under this Code.
5.48.1450 Penalty
A. The City intends to secure compliance with the provisions of this Cehapter by any of
the following alternate, separate and distinct methods. Each method set forth herein is
intended to be mutually exclusive and does not prevent concurrent or consecutive methods
being used to achieve compliance against continuing violations. Each day a violation exists
constitutes a separate offense.
B. Notwithstanding any other provision of this Cehapter, each violation of the provisions
of this Cehapter may be enforced alternatively as follows:
1. Infraction. Any person violating any of the provisions or failing to comply with
any of the mandatory requirements of this Cehapter may be prosecuted for an
infraction. Written citations for infractions may be issued by police officers. Any
person convicted of an infraction under the provisions of this Cehapter shall be
punished either by fines as specified in the currently adopted Uniform Infraction Bail
Schedule used by the Orange County Municipal Courts, or, where no fine is specified
therein, by:
a. A fine not exceeding $100.00 for a first violation;
b. A fine not exceeding $200.00 for a second violation within one year;
c. A fine not exceeding $500.00 for each additional violation within one year.
2. Misdemeanor. Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Cehapter may be prosecuted for a
misdemeanor. Any person convicted of a misdemeanor under the provisions of this
Cehapter shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a
term not exceeding six months, or by both such fine and imprisonment.
3. Civil Action. The City Attorney by and at the request of the City Council, may
institute an action in any court of competent jurisdiction to restrain, enjoin or abate the
condition(s) found to be in violation of the provisions of this Cehapter, as provided by
law.
4. Administrative Hearing.
a. Upon a finding by the City official vested with the authority to enforce the
various provisions of this Cehapter that a violation exists, he or she may notify the
person(s) deemed responsible for said violation(s) that a public hearing shall be
held before the City Council to hear and determine the existence of said
SF:19-7285/198030 5
violation(s) and the anticipated compliance necessary, i.e. abatement or other
action required.
b. Said notification shall be in writing setting forth the alleged violation(s) and
the anticipated action sought, and shall be given not later than 10 days prior to the
scheduled date of the hearing.
c. The City Council may preside over the hearing or, in the alternative, appoint
a hearing officer to conduct the hearing, receive relevant evidence and to submit
to the City Council findings and recommendations to be considered by the City
Council.
d. The City Council shall render its decision within 45 days from the date of the
hearing or, in the event that a hearing officer has been appointed, within 45 days
from the date on which the City Council receives the findings and
recommendations of the hearing officer. The decision of the City Council shall be
final and enforceable as provided by law.
SF:19-7285/198030 6