Loading...
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