HomeMy WebLinkAbout875 - Taxicabs Ambulances & Vehicles for HireL
•
ORDINANCE NO. 875
AN ORDINANCE OF THE
CITY OF NEWPORT BEACH
ADDING CHAPTER 6 TO
ARTICLE VI OF THE NEW-
PORT BEACH MUNICIPAL
CODE RELATING TO TAXI-
CABS, AMBULANCES AND
VEHICLES FOR HIRE.
The City Council of the City
of Newport Beach does ordain as
follows:
SECTION 1: Chapter 6 is
added to Article VI of the New-
port Beach Municipal Code to
read:
"Chapter 6
TAXICABS, AMBULANCES AND
VEHICLES FOR HIRE
SECTION 6601. Definitions. For
the purpose of this Chapter, the
words and phrases herein de-
fined shall be construed in ac.
cordance with the definitions
set forth unless it is apparent
from the context that a different
meaning is intended.
(a) 'Certificate' means a cer-
tificate of public convenience
and necessity issued pursuant
to this Chapter.
(b) 'Taxicab' means an au.
tomobile or motor- propelled
vehicle with distinctive mark.
ings or color regularly en.
gaged in the business of car-
rying passengers for compen-
sation or rates based upon dis-
tance traveled or time elapsed
upon any public street in the
City not over a regular or de-
fined route, and whether or
not the operation extends be-
yond the boundaries of the
City.
(c) 'Ambulance' means a
privately -owned vehicle equip-
ped or used for transporting
the wounded, injured, sick or
disabled for hire.
(d) 'Sight - seeing automo-
bile' means a motor - propelled
vehicle used for the purpose of
transporting passengers over
the streets for sight- seeing,
showing points of interest or
:exhibiting lands, houses, prop.
erty or other things or objects
when a fee is charged or com-
aensation is obtained from
passengers or elsewhere.
(e) 'P u b 11 c transportation
vehicle' means a motor- propel-
led vehicle, not otherwise de-
fined in this section, used in
the business of transporting
passengers over the streets of
the City for hire whether or
not the operations extend be.
yond the boundaries of the
City.
SECTION 6602. Certificate Nec•
essarp. No person shall solicit or
pick up passengers in the City,
or engage in the business of op.
erating any of the vehicles de-
fined in Section 6601 within the
City, without having first ob.
tained a separate certificate of
public convenience and necessity
for each such business as re-
quired by this Chapter, provided,
however, that no such certificate
issued by the City shall be re-
quired for any operations for
which a certificate of public
convenience and necessity is
needed and has been granted by
the Public Utilities Commission
of the State of California.
SECTION 6603. Application for
Certificate. An application for a
certificate shall be filed with
the Director of Finance upon
forms provided by the City. The
application must be signed by
the applicant and be accom.
panied by a fee of Twenty -five
Dollars ($25.00), plus Ten Dol-
lars ($10.00) for each vehicle the
applicant proposes to use in the
business, and shall contain or be
accompanied by the following
information:
(a) The name and address
of the applicant, and, if the
same be a corporation, the
names of its principal officers,
or, if the same be a partner.
ship, association or fictitious
company, the names of the
partners or persons compris-
ing the association or compa.
ny, with the address of each.
(b) A complete schedule of
the rates proposed to be
charged for each type of vehi-
cle.
(c) A description of every
motor vehicle which the appli-
cant proposes to use, includ.
ing trade name, motor or serial
ORD. 875—Page 1
U
number, state license number
and body style.
(d) The location of the
business and the place where
the applicant proposes to keep
each taxicab or ambulance
while not actually engaged.
(e) The distinct color
scheme, name monogram and
insignia which shall be used
on each taxicab, ambulance or
other vehicle.
(f) The name of the legal
and registered owner of each
such vehicle.
(g) A balance sheet show-
ing the financial status of the
applicant, including assets, li-
abilities and specifically the
amounts of all unpaid judg.
ments against the applicant,
and the nature of the trans-
action or event giving rise to
any such judgments.
(h) The experience of the
applicant in the business or
businesses for which he is
seeking a certificate or certi-
ficates.
(i) Any facts which the ap-
plicant believes would tend to
prove the public convenience
and necessity requiring the
granting of a certificate.
(j) Such further informa-
tion as the Director of Finance
may require.
SECTION 6604. Hearing on Ap-
plication. Upon receipt of any
such application, the Director of
Finance shall, upon determining
the application to be in order,
refer the matter to the Chief of
Police for investigation. In the
course of the investigation the
Chief of Police shall inspect the
vehicles and equipment and may
require the applicant or any per-
son named in the application to
be photographed and finger-
printed. The Chief of Police shall
complete his investigation with-
in thirty (30) days, unless pre-
vented from doing so by lack of
cooperation of the applicant or
other person named in the ap-
plication and shall report his
findings ' to the Director of Fi-
nance regarding the moral
character of the applicant and
- - other persons named in the ap-
plication and the adequacy and
ORD. 8
safety of the vehicles with re-
spect to cleanliness, equipment,
safety devices, brakes, lights and
obsolescence. Upon receipt of
said report the Director of Fi-
nance shall transmit the appli-
cation and report to the City
Clerk who shall set the same for
hearing before the City Council.
The City Clerk shall give notice
of the time so set at least five
(5) days before the date of said
hearing to the applicant by mail
at the address set out in such
application, and to all persons
to whom certificates of public
convenience and necessity have
been theretofore issued. The City
Council shall render its decision
within sixty (60) days after the
matter is first set for hearing be-
fore it.
SECTION 6605. Issuance of Cer-
tificate. At the time set for the
hearing of such application, the
City Council may examine the
applicant and all persons in-
terested in the matter set forth
in said application, and shall
determine whether or not the
public interest, convenience and
necessity require the issuance of
the certificate applied for, and, if
it is found by the Council that
the public interest, convenience
and necessity require the issu-
ance of the certificate applied
for, it shall order the Director of
Finance to issue a certificate in
accordance with said applica-
tion, subject to the filing and
approval of an undertaking as
hereinafter in Section 6607 pro.
vided and subject to such condi-
tions as may be imposed by the
City Council, including the min-
imum and maximum number of
vehicles that may be used.
SECTION 6606. Grounds for De-
nial. If the City Council finds
any of the following conditions
to exist it shall deny the appli-
cation:
(a) That the application is
not in the form and does not
contain the information re-
quired to be contained therein
by this chapter.
(b) That the equipment,
safety devices or vehicles pro-
posed to be used are inade-
quate or unsafe for the pur-
75 —Page 2
0
poses for which they are to be
used.
(c) That the color scheme,
name, monogram or insignia
to be used upon such vehicles
or in the business resembles
the color scheme, name, mon.
ogram or insignia used by an-
other person, firm or corpora-
tion in the same business in
the City and, therefore, may
tend to deceive or defraud the
public.
(d) That the applicant has
within the past two (2) years
had an application for such a
certificate denied for cause.
(e) That there is a suffici-
ent number of vehicles of the
type described in the applica-
tion operating in the City to
fully serve the public, that
the granting of more certifi-
cates would unduly congest
the traffic and interfere with
the free use of the public
streets by the public or that
the best interests of the public
do not demand and necessity
does not require the issuance
of such permit.
SECTION 6607. Liability In.
surance. Subject to all other ap-
plicable conditions under which
it is issued, the certificate shall
authorize the conduct of the
business only during the time
the applicant has on file with
the City Clerk a certificate issued
by an insurance company or
surety company showing the ap-
plicant is insured or bonded as
required by the provisions of Sec-
tion 418.3 of the California Ve-
hicle Code as now existing or
hereinafter amended or by the
Department of Motor Vehicles
showing the applicant has made
the deposit or qualified as a self -
insurer as permitted by said sec-
tion of said code in lieu of the
liability insurance or bond oth-
erwise required. Any certificate
of insurance or bond must pro-
vide that the City will be given
ten (10) days' notice prior to the
cancellation or other termination
of said insurance or bond.
'SECTION 6608. Grounds fm
Revocation. Any certificate m
permit granted under the pro
visiohs of this Chapter may be
ORD.
revoked by the City Council,
either as a whole or as to any
person or vehicle described there-
in or as to the right to use any
distinctive color, monogram or
insignia, after five- (5) days' no-
tice to the certificate holder re-
quiring him to appear at a cer-
tain time. and place to show
cause why the certificate should
not be revoked, for any of the
following reasons:
(a) That the certificate re-
quired by Section 6607 has not
been filed or has been with-
drawn or lapsed or is not in
force for any reason.
(b) For the nonpayment of
any City business license or
other fees provided by this Ar-
ticle.
(c) Breach of any rules,
regulations or conditions set
out in the Newport Beach Mu-
nicipal Code or the certificate.
(d) For the violation of any
of the laws of the State of Cali-
fornia or the City with respect
to the operation of the business
by any certificate holder, or
repeated violations by opera-
tors or drivers of any vehicle
covered by such certificate.
(e) For failure to maintain
satisfactory service. to the pub-
lic or for failure to keep any
such vehicle in a safe and san-
itary condition and good re-
pair or for failure to use the
distinctive coloring, monogram
or insignia described in the
application, or for deviation
from the schedule of rates and
fares set forth in the applica-
tion.
(f) For any cause which
the City Council finds makes
it contrary to the public health,
interest, convenience, necessity
or general welfare for the cer-
tificate or permit to be con-
tinued.
SECTION 6609. Change of Op-
eration. In the event any certifi-
cate holder desires to change the
color scheme or any monogram
or insignia used on a vehicle, or
to substitute any vehicle for a
vehicle described in the applica-
tion, or to increase or decrease
the number of vehicles used, ap-
plication to the City Council
875 —Page 3
•
shall be made for permission to
do so, and the City Council shall
grant such permission if it
deems the public interest, con.
venience and necessity will be
served by the change, and if
the certificate holder has com-
plied with all the provisions of
this Chapter.
If application is made to in-
crease the number of vehicles,
payment of the annual vehicle
fee for each additional vehicle
requested shall be made at the
time of application. Fees ten.
dered for additional vehicles
which the City Council does not
permit shall be refunded. No re-
fund of the annual vehicle fees
paid shall be made when the
City Council grants permission. to
reduce the number of vehicles.
SECTION 6610: Rates or
Charges.
(a) Taxicabs. Each per-
son seeking a certificate of
public convenience and neces.
sity for the operation of taxi.
cabs in the City shall file a
proposed schedule of rates.
The City Council shall by reso.
lution establish a schedule of
rates applicable to all taxi.
cabs and may, upon its own
motion or upon the application
of any person holding a cer-
tificate of public convenience
and necessity, modify or
amend such schedule. No rates
shall be established, modified
or amended without a hearing
before the City Council. Writ-
ten notice of the hearing shall
be given to each certificate
holder at least five (5) days
before the hearing and the
City Council may direct other
notice to be given as it deems
necessary.
(b) Other Vehicles. Each
person holding a certificate of
public convenience and neces-
sity for the operation of vehi-
cles other than taxicabs shall
file a proposed schedule of
rates with the City Clerk. The
- schedule of rates shall be sub-
mitted to the City Council for
approval and no changes shall
be made in any rates ap-
proved by the City Council
without prior approval by the
City Council. No person shall
charge rates other than those
so approved. No hearing is
necessary for the approval of
these rates or changes therein.
SECTION 6611. Annual Vehi.
cle Fee. Each holder of a certifi-
cate issued hereunder shall pay
an annual fee for the fiscal year
1959 -1960 and for each fiscal
year or portion of a fiscal year
thereafter for each vehicle oper-
ated in accordance with the fol-
lowing schedule:
For one taxicab - - - - -.- ...$50.00
For each additional
taxicab ........................ 15.00
For one vehicle other
than taxicab defined
in Section 6601 ........ 25.00
For each additional
vehicle other than
taxicab so defined -... 10.00
The fees are due July 1st of
each year and if not paid become
delinquent August 1st of said
year.
SECTION 6612. Refusal to Pay
Fare.
(a) No person shall refuse
to pay the legal fare for the
hire of any taxicab after hay.
ing hired the same.
(b) No person shall hire
any vehicle described in this
Chapter with the intent to de-
fraud the person from whom
it is hired of the charges or
fare.
SECTION 6613. Cruising Pro-
hibited. No driver of a vehicle,
other than a taxicab, defined in
Section 6601 shall cruise in
search of passengers.
SECTION 6614. General Rules
and Regulations. The following
rules and regulations shall apply
to the operation of taxicabs.
(a) Taximeters. All taxi-
cabs . operated under the au-
thority of this Chapter shall
be equipped with taximeters
of a type and design approved
by the Chief of Police located
in the vehicle so as to render
the figures visible to the pas-
sengers at all times of the
day or night, and after sun-
down the face of the taximeter
shall be illuminated. No other
fare shall be charged than is
recorded on such taximeter.
ORD. 875 —Page 4
0
•
Such taximeter shall be sub-
ject to inspection from time to
time by the Chief of Police or
his a u t h o r i z e d representa-
tive and the Chief of Police
shall compel the owner to dis-
continue the operation of any
taxicab in which the taximeter
is found to calculate inaccu-
rately until such taximeter is
replaced by one approved by
the Chief of Police or is ad-
justed to his satisfaction.
(b) Identification Lights.
Each taxicab shall be equipped
with a single light on top of
the vehicle to be lighted to in-
dicate the vehicle is available
for hire.
(c) Operation of Meter.
No driver of a taxicab shall
fail to engage the taximeter at
the beginning of a trip when
the taxicab is hired by a pas-
senger or fail to promptly dis-
engage said meter at the term-
ination of the service.
(d) Charge on Meter, Be.
ceipt. No driver shall charge
any fare or fee other than that
registered on the taximeter or
fail or refuse to give a receipt
for the amount charged upon
the request of the person pay-
ing the fare.
(e) Insurance. No person
shall operate any taxicab in
the City unless the provisions
of Section 6607 are complied
with as to such vehicle.
(f) Standing on Public
Street. No person shall cause
or permit a taxicab to remain
standing upon any portion of
any public street within the
City, except for loading and
unloading passengers, and
then not for a period of more
than five (5) minutes, except-
ing at such stands as may be
designated by the City Coun-
cil. This subsection shall not
apply to any taxicab while the
same is engaged by and being
paid for by a passenger.
(g) Consent of Passengers.
No operator or owner of any
- taxicab shall solicit or carry
any additional passengers af-
ter such taxicab has been en-
gaged, or while in use by a
passenger, without the consent
of the passenger first engaging
the same having first been ob.
tained. A passenger or passen.
gers engaging such taxicab
shall have the exclusive right
to full and unimpaired use of
t he passenger compartment
and the whole thereof, if he
desires the same.
(h) Safe, Direct Carriage.
No person who is the driver of
any taxicab shall carry any
passenger to his destination by
any route other than the most
direct and accessible route.
(i) Prepaying License Fee.
No person shall operate any
taxicab business without pre-
paying any license fee required
by the City for the transaction
of any such business.
(j) Soliciting Passengers.
No driver of a taxicab shall
leave the side of his vehicle to
solicit passengers or solicit
passengers in a louder tone of
voice than that used in ordin-
ary conversation.
(k) Mechanical Condition.
No person shall operate a taxi-
cab that is not in good me- .
chanical condition.
(1) Drivets License and
Permit. No person shall drive a
taxicab in the City without
first having obtained a taxi-
cab driver's permit, issued by
the Chief of Police of the City,
as provided in this Chapter.
(m) Posting Necessary In-
formation. Every taxicab shall
have visibly posted in the pas-
senger's compartment a sched-
ule of rates and charges for
the hire of such vehicle es-
tablished by the City Council;
also a card bearing the driver's
name and address as herein-
after provided, and another
card bearing the owner's name,
address and telephone number,
the cab number and the City
Police- Department telephone
number, all contained in a
small metal container or hold-
er, at least three (3) by four
(4) inches in size and placed
in a conspicuous place in the
passenger compartment.
(n) Charge. No charge shall
be made by a driver or opera.
tor of a taxicab lower than or
ORD. 875 —Page 5
in excess of the rates posted
in the passenger compartment
of said taxicab. A flat rate
which is less than but not in
excess of the round -trip meter
rate, plus waiting time, may
be charged for trips outside
the City of Newport Beach
where the one -way distance of
the trip is greater than six (6)
miles.
(o) C I e a n Compartment.
No taxicab shall be operated
unless the passenger compart-
ment is kept in a clean and
sanitary condition.
(p) Fire Extinguisher. Ev-
ery taxicab shall be equipped
at all times with a standard
type fire extinguisher in good
working condition.
(q) Operating Without Cer.
tificate and License. No person
shall solicit or pick up passen-
gers for pay within the City
for transportation in any cab,
taxicab, automobile, station
wagon or bus, not licensed by
and carrying a certificate to do
so from the City Council, ex-
cept passengers for buses op.
erating under authority of the
Public Utilities Commission.
(r) Taxicab Identification.
Every certificate holder shall
designate each of his taxicabs
by number, and no two (2)
taxicabs of any certificate
holder shall be designated by
the same number. The name or
trade name of the certificate
holder and the number by
which the taxicab is designat-
ed shall be printed, stamped
or stenciled conspicuously on
the outside of each taxicab
and in the passenger compart-
ment thereof.
SECTION 6615. Twenty-four
Hour Service. No person who op-
erates a taxicab business or an
ambulance business, shall fail
to provide taxi service and am.
bulance service respectively, for
.'twenty -four (24) hours a day
and seven (7) days a week.
SECTION 6616. Driver's Permit
Required.
(a) Application. No person
shall drive or operate any ve=
hicle described in this Chap.
ter in the City without first
obtaining a permit in writing
so to do from the Chief of Po-
lice. Any person desiring to
obtain such driver's permit
shall make a written applica-
tion therefor to the Chief of
Police accompanied by a fee
of Five Dollars ($5.00). No per.
mit shall be issued to any per-
son under the age of eighteen
(18) years or to any person
not a citizen of the United
States or who has not lawful-
ly declared intention of be-
coining such, or to any person
who has been convicted of a
felony or to any person who,
within a period of two (2)
years immediately preceding
such application, has been
convicted of reckless driving or
driving a vehicle upon a high-
way while under the influence
of intoxicating liquors or drugs,
or convicted of the violation of
any provisions of the Alcoholic
Beverage Control Act of the
State of California, or to any
person who is incompetent or
for any reason whatsoever un-
able to safely handle such ve-
hicle. Each such applicant
shall demonstrate his skill and
ability to safely handle his
vehicle in driving it through
the crowded sections of the
City accompanied by an in-
spector designated by the Chief
of Police. No driver's permit
shall be granted to any person
who is not of a good moral
character or who cannot speak
the English language or who
does not hold a chauffeur's li-
cense issued by the Motor Ve-
hicle Department of the State,
or who is not sufficiently
acquainted with the laws or
ordinances regulating the op-
eration of motor vehicles. Any
falsification on the application
for said permit will be grounds
for refusal of said permit.
(b) ', Personal Appearance.
Before a permit is granted to
any applicant, said applicant
shall present himself to the
Police Department, be photo-
graphed or furnish an accepta-
ble photograph and be finger-
printed, and such photographs
and fingerprints shall be filed
ORD. 875 —Page 6
•
with the permanent records of
said Police Department.
(c) Temporary Permit.
Pending the completion of the
investigation of an applicant,
the Chief of Police may grant
a temporary permit to a person
who has made application for
a driver's permit and appears
to be qualified for such per-
mit. The temporary permit
shall automatically expire six-
ty (60) days from the date it
was issued or upon the issu-
ance of a regular driver's per-
mit. The Chief of Police shall
summarily revoke any tem-
porary permit when he deter-
mines not to issue a driver's
permit to the applicant.
(d) Identification Card.
Upon obtaining the regular
permit said driver or operator
shall at all times keep posted
in full view in the vehicle op-
erated by him an identification
card furnished by the Chief of
Police, which shall have plain-
ly printed thereon the name
of said driver or operator, his
business address and telephone
number, his permit number
and his photograph.
(e) Expiration of Permit.
All driver's permits shall ex-
pire at the end of the calendar
year for which issued. Appli-
cations for renewal shall be
made on or before December
1st of each year for the follow-
ing calendar year. If so made
within the period prescribed,
the charge for renewal shall be
Two Dollars ($2.00). Said per-
mits are personal and not
transferable.
(f) Revocation. The Chief
of Police may revoke or sus-
' pend any such driver's permit
so issued for any violation of
the provisions of this Chapter
by the holder of such permit
or for the existence of any
-state of facts which would
have been a good reason for
- denying such permit when ap-
plied for, whether such state of
-facts existed at the time appli-
�1 cation was made for such per-
mit or came into existence
thereafter.
(g) Appeal. In the event of
a refusal, revocation or sus-
pension of any driver's permit
by the Chief of Police, said
applicant or permittee may ap.
peal from said decision to the
City Council, which may in its
discretion .affirm, reverse or
modify the decision made by
said Chief of Police.
SECTION 6617. Permit and Cer-
tificate Nontransferable. No cer-
tificate or permit issued under
the terms of this Chapter shall
be transferable either by contract
or operation of law without the
permission of the City Council
having been first obtained."
SECTION 2: Each person pres-
ently engaged in the business of
operating any of the vehicles
herein defined in the City shall
have sixty (60) days after the
effective date of this Ordinance
within which to apply for the
certificate of public convenience
and necessity required above. In
considering the applications, it
shall be presumed by the City
Council that the public conveni-
ence and necessity require each
applicant to operate the number
and type of vehicles he has been
operating continuously for more
than ninety (90) days preceding
the date of his application.
SECTION 3: This Ordinance
shall be published once in the
Newport Harbor Ensign, a news-
paper of general circulation,
printed and published in the
City of Newport Beach, and the
same shall be effective 30 days
after the date of its adoption.
This Ordinance was introduced
at a regular meeting of the City
Council of the City of Newport
Beach held on the 26th day of
January, 1959, and was adopted
on the 9th day of February, 1959,
by the following vote, to wit:
AYES, COUNCILMEN: HART,
LORENZ, SOMERS, KINGSLEY,
ATKINSON, HIGBIE, STODDARD.
NOES, COUNCILMEN: NONE.
ABSENT COUNCILMEN: NONE
JAMES B. STODDARD
Mayor
ATTEST:
MARGERY SCHROUDER
City Clerk
ORD. 875 --Page 7
i
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
r
r ®
Sc
Margery htflde , City Clerk of the City of Newport
I' -------- y ------h -------- e -
Beach, California, do hereby certify that the foregoing Ordinance
Y fY 9 9 ----------------------------------- ---- ---------------------------
875 was duly and regularly adopted, passed, and approved by the City Council
of the City of Newport Beach, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the 9th February
--- - - ---- day, of ---- ----- °-- ......-- ........... 19.5.9..
by the following vote:
mart, Lorenz, Somers, Kingsley,
AYES: COUNCILMEN ..... .. .. . ...... .. .. .. . ..... .. .. .. .. ..... ...............
Atkinson, Higbie, Stoddard
• NOES: COUNCILMEN- - -_ �om
t0
ABSENT: COUNCILMEN .... None
Dated this ---- _23--- - - - - -- -day o
NB 130 -500 12/56
March 59
----------------------------------------------------------- ----- --- -- --- -- ----- -- --- - -- - -- 19- °-----
City Mari &- fficio Clerk of the City COUnci1,
City of Newport Beach, State of California