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HomeMy WebLinkAboutOrdinance #4178 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 uD 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 counyiy in which it has obtained a Taxicab Company Permit. "Substantially Locawd" 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, capable of carrying not more than eight persons, excluding the drive-, and used to carry passengers for hire. ThF 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 NG. 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 ip 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 T 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 Ferson 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 he-Taxicab io 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 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. 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. rursuant to Government Code Section 53075.52 beginning January 1, 20i9, all Taxicab `oinpanies and Drivers shall collect data to determine which jurisdiction each Company and Driver are Substantially Located. Beginning January 1, 2019, data for prearranged and rion•- 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 M 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 maintained 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 dispiayed according ,c 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 OC T AF: 1. A schedule of rates anu. charges for the hire of said Taxicab; SF:19-7285/197830 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 conspicuousiy on the outside of-lac 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 OCTAP. 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 mefrlods being used to achieve compliance against continuing violatiors. Each day a violation exists constitutes a separate offense. B. Notwithstanding any other provision of this Chapter, each violation of 04e 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 for an k fraction. 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 $100.00 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 cr abate';he condition(s) found to be ir.violation of the provisions of this Chapter, as provided by law. 4. Administrative Hearing. a. Upor,a finding by the City official vested with the authority to enforce th,- various provisions of this Chapter that a violation exists, he cr she may notify ,',he 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 0c 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*o 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 date o-`tne hearing or, in the evert that a hearing officer has been appointed, wiffii:45 days from the date on which the City Council .*.-eceives the findings 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 shall become effective 30 days after its adOT '-inn.. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of April , 2019. Mayor AT TEST: APPROVED AS TO FORM: A;iWU �&7 Ocy Clerk City Attorney s lov REVIEWED AND AHRO VED: INITIATED AND APPROVED. ti)k �rcrtypanager City/Manager 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. Robin Esta islau Ci Clerk City Clerk and ex-officio Clerk )De Duty City Clerk of the City Council of the City of Huntington Beach, California