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HomeMy WebLinkAboutOrdinance No. 576 •�\`.\\? '‘ ORDINANCE NO. 576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O • F F AZUSA REGULATING THE OPERATION OF TAXICABS. The City Council of the City of Azusa does ordain as follows: SECTION 1. Definitions. For the purpose of this Ordinance, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. (a) "Certificate" is a Certificate of Public Convenience and Necessity issued pursuant to this ordinance. (b) "City" is the City of Azusa. (c) "Taxicab" is every automobile or motor propelled vehicle by means of which members of the general public are transported for hire upon any public street in the City, and not over a regular or defined route and irrespective of whether the operation extends beyond the boundary limits of the City or not. SECTION 2. Certificate Necessary. No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street within the City, without having obtained and in good standing a Certificate of Public Convenience and Necessity so to do in accordance with the provisions hereof, and without complying with or having complied with all the provisions of this ordinance and such Certificate. SECTION 3. Application. Any person desiring to obtain the Certificate required by the immediately preceding section shall pay a fee of $25.00 to the City Clerk, and shall make a verified appli- cation for said Certificate to the City Council, which said application shall set forth: 1. The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company, with the address of each. 2. A complete schedule of the fares or rates to be charged. 3. A description of every motor vehicle which the applicant proposes to use, giving: a. Trade name. b. Motor and serial number. c. State license number. d. Seating capacity. e. Body style. 4. The street number and exact location of the place where the applicant proposes to stand each such taxicab. 5. The name of the legal and registered owner of each such vehicle. 6. The distinctive color scheme, name, 'maragra 4 4t, insignia, which shall be used on such taxicab. • -1- • 7. If any proposed stand is in the public street, said application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building or lot in front of which such taxicab is to be located, and for 25 feet each way there- from, or if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot. SECTION 4. Hearing on Application. Upon receipt of any application referred to in the immeaiately preceding section, the City Clerk shall set a time, not less than ten nor more than thirty days thereafter, for the hearing of the said application before the City Council, and shall give notice of the time so set, at least five days before the date of said hearing, to the applicant, by mail, at the address set out in such application, and by publication of notice of such application and the date of hearing in a newspaper in the City on one day of publication. SECTION 5. Issuance. At the time set for the hearing of such application, the City Council may examine the applicant and all persons interested in the matter set forth in 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 be found by the Council that the public interest, convenience and necessity, require the issuance of the certificate applied for, it shall by resolution order the City Clerk to issue a Certificate in accordance with said application, subject to the filing and approval of an under- taking as hereinafter provided, and subject to such conditions as may be imposed by said resolution including the minimum and maximum number of vehicles that may be used. SECTION 6. Grounds for Denial. Any of the following reasons shall be sufficient for denial of said Certificate: 1. That the application is not in the form, and does not contain the information required to be contained therein by this Ordinance. 2. That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used. 3. That the color scheme, name, monogram, or insignia to be used upon such automobiles shall be in conflict with or imitate any color scheme, namemonogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public. 4. That the location of the stand, as herein stated, is such as to congest or interfere with travel on any public street, or that the proposed stand is within 300 feet of any other stand therefor fixed by the City Council on the same street. 5. That the applicant has, at some prior time, had such a Certificate revoked for reason. 6. That it shall appear to the City Council that there are a sufficient number of taxicabs and automobiles for hire in the City to fully serve the public, and that the granting of more Certi- ficates would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of such permit. SECTION 7. Insurance Required. Before a Certificate shall be issued by the City Clerk, the applicant to whom a Certificate shall have been awarded by the City Council as aforesaid, shall deliver to -2- 1. • the City Council, a policy of insurance, executed by a company duly authorized under the laws of the State to do an insurance business by the provisions of which policy the said company promises and under- takes to pay in full all claims for damages to persons or property resulting from the operation of the automobiles referred to in said application, provided, that the maximum amount for which liability shall be assumed for injury to or death of one person in any one accident shall be not less than $100,000.00, and for injury to or death of more than one person in any one accident shall be not less than $200,000.00, and the maximum amount for which liability shall be assumed for injury to or destruction of property in any one accident shall be not less than $25,000.00. SECTION 8. Grounds for Revocation. Any Certificate or permit granted under the provisions of this Ordinance may be revoked by the City Council either as a whole or as to any car described therein, or as to the right to use any distinctive color, monogram, or insignia, after five days notice to the certificate holder, requiring him to appear at a certain time and place to show cause why said Certificate should not be revoked for any of the following reasons: 1. That the undertaking or insurance provided for in the immediately preceding section has not been given or has been withdrawn or lapsed for non-payment of premium, or is not in force for any reason. 2. For the non-payment for any license fee provided by the Schedule of License Fees. 3. For failure to observe any of the rules and regula- tions or provisions set out in this ordinance or in the Certificate. 4. For the violation of any of the laws of the State or ordinances of the City, by any certificate holder, operator or driver of any taxicab covered by such Certificate. 5. For failure to maintain satisfactory service to the • public by means of any of the vehicles described in the application or for failure to keep any such car in use for an unreasonable length of time, or for failure to use the distinctive color, monogram, or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application. 6. For any cause which in the opinion of the City Council makes it contrary to the public interest, convenience and necessity for the Certificate or permit to be continued. SECTION 9. Application for Permission to Change. In the event that any certificate holder desires to change his schedule of rates and charges or the color scheme, name, monogram, or insignia used on such taxicab, or to substitute any vehicle for and in place of the vehicle described in the application, or to increase or decrease the number of vehicles used by him as taxicabs, he shall make appli- cation for permission to do so from the City Council, which permission shall be granted if, in the discretion of the City Council, it deems the public interest, necessity and convenience will be subserved by the change, and if the certificate holder has complied with all pro- visions of this Ordinance. SECTION 10. Taxicab Stands. The City Council may by resolution specify stands at which such taxicabs may be parked pursuant to the provisions of any ordinance or law now in force or that may be hereafter enacted governing the parking of motor vehicles within the City, and may by such resolution specify the nature and extent of the use to which such stand may be devoted. Said stand shall consist of one car space, to be marked off, painted and reserved for such taxicabs only. -3- • SECTION 11. Refusal to Pay Fare. No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same, with the intent to defraud the person from whom it is hired. SECTION 12. Rules and Regulations. The following rules and regulations shall be observed by ail persons operating taxicabs: a. Any person driving a taxicab shall wear a distinctive cap with a badge in plain sight inscribed with the name of the person to whom the Certificate has been issued. b. No taxicabs shall be operated in the City unless the undertaking provided for in Section 7 of this ordinance is in full force and effect. c. No taxicab shall remain standing upon any portion of any public street within the City except for loading and unloading passengers, and then not for a period of more than five minutes, excepting at such stand as may be designated by the City Council. This section shall not apply to any taxicab while the same is engaged by and being paid for by a passenger. d. No operator or owner of any taxicab shall solicit or carry any passenger after such taxicab shall have been engaged or while in use for another passenger, without the consent of the passenger first engaging the same, having been first obtained. A passenger or passengers engaging such taxicab shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he desires the same. e. The operator of any taxicab shall carry any passengers engaging the same safely and expeditiously to his destination by the most direct and accessible route. f. No person shall operate any taxicab without prepaying any license fee required by the City for the transaction of such busi- ness. g. All taxicabs shall be kept in good mechanical condition. h. No person shall drive a taxicab, in the City, without first having obtained a California Chauffeur's License, also a City taxicab driver's permit, issued in writing by the Chief of Police of the City as in this ordinance provided. i. No owner or operator of any taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public or other persons engaged in the same business, and the City Council shall be the sole judge of what constitutes fraud or unfair competition under the provisions of this section. Any complaints to the Council of violation of this section shall only be heard upon written complaint specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths. j. Every taxicab shall have posted in the passenger's compartment, a schedule of rates and charges for the hire of said vehicle; also a card bearing the driver's name and address as hereinafter pro- vided and another card bearing the owner's name, address and telephone number, the cab number, and the City Police Department phone number, all contained in a small metal container or holder at least three to four inches in size, and placed in a conspicuous place in the passenger compartment. -4- • k. The driver of a taxicab shall remain within ten feet of said taxicab while parked at any stand designated by the City Council except while assisting passengers to load or unload or while answering his telephone. 1. No charge shall be made by any operator or owner of a taxicab lower than or in excess of the rates posted in the passenger compartment of said car and approved by the City Council. m. No taxicab shall be operated unless the passenger com- partment be kept clean and in sanitary condition. n. Every taxicab shall be equipped at all times with a standard type fire extinguisher in good working condition. SECTION 13. Operating Without License. No person shall solicit, or pick up passengers for pay within the City for transpor- tation in any cab, taxicab, automobile, station wagon, or bus, not licensed by and carrying a Certificate to do so from and by the City Council, excepting only busses operating under authority of the Public Utilities Commission. SECTION 14. Driver's Permit Requirements. No person shall drive or operate a taxicab in the City without first obtaining a permit in writing so to do from the Chief of Police. Any person desiring to obtain such driver's permit shall make a written application therefor to the Chief of Police accompanied by a fee of Ten Dollars. No permit shall be issued to any person under the age of eighteen years, or to any person not a citizen of the United States or who has not lawfully declared intention of becoming such, or to any person who has been convicted of a felony or to any person who within a period of two years, immediately preceding such application, has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs, or convicted of the violation of any of the provisions of the Alcoholic Beverage Control Act of the State of California, or to any person who is for any reason whatsoever unable or incompetent to safely handle such automobile. 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 inspector designated by the Chief of Police. No driver's permit shall be granted to any person who is not of a good moral character or who cannot speak the English language or who does not hold a chauffeur's license issued by the Motor Vehicle Department of the State, or who is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicles. Any falsification on the application for said permit will be grounds for the refusal of said permit. SECTION 15. Personal Appearance. Before a permit is granted to any applicant, said applicant shall present himself to the Police Department, furnish an acceptable photograph and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of said Police Department. SECTION 16. Identification Card. Upon obtaining said permit said driver or operator shall at all times keep posted in full view in the vehicle operated by him an identification card not less than four inches by six inches in size, furnished by the Chiefcf Police, which shall have plainly printed thereon the name of said driver or operator, his business address and telephone number, his permit number and his photograph. SECTION 17. Expiration of Permit. All permits to operate a taxicab shall expire one year from the date of issue. Applications for renewal shall be made within thirty days before the date of expiration -5- • of said permit. If so made within the period prescribed, such renewal shall be made without charge. Said permits are personal and not transferable. SECTION 18. Revocation. The Chief of Police may revoke or suspend any such driver's permit so issued for any violation of the provisions of this Ordinance by the holder of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such state of facts existed at the time application was made for such permit or came into existence thereafter. SECTION 19. A eal In the event of a refusal, revocation or suspension of any driver s permit by the Chief of Police, said appli- cant or permittee may appeal from said decision to the City Council, which may in its discretion affirm, reverse or modify the rule made by said Chief of Police. SECTION 20. Taxicab Number. Every certificate holder shall designate each of a s cs y number, and no two 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 designated shall be printed, stamped or stencilled conspicuously on the outside of each taxicab and in the passenger com- partment thereof. SECTION 21. Permit and Certificate Non-Transferable. No Certificate or permit issued under the terms or this Ordinance shall be transferable either by contract or operation of law without the per- mission of the City Council having been first obtained, and any such attempted transfer shall be sufficient cause for revocation thereof. SECTION 22. Application to Existing Taxicabs. The owners, operators and drivers of all taxicabs lawfully licensed and operating in the City upon the effective date of this ordinance shall be given a period of sixty days from and after the effective date of this ordinance within which to eliminate any non-compliance with the terms of this ordinance, and thereafter all of the terms and conditions of this ordinance shall apply to them. SECTION 23. PPe��naal__t__ . Any person, firm or corporation violating any provision oordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed Five Hundred Dollars or by imprisonment in the City Jail or County Jail of the County of Los Angeles for not to exceed six months, or by both such fine and imprisonment. SECTION 24. Certification. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Passed and approved this 15th day of July , 1958. Ma. r -6- STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, JAMES MTT.TFR, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 576 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of July , 1958. That, thereafter, _ said ordinance was du y adopted and passed at - }e4 meeting of the City Council on the 15th day of July , 1958, by the following vote, to-wit: AYES: Councilmen: Fawcett, Ortuno, Johnson, Teasley, Memmesheimer NOES: Councilmen: None ABSENT:Councilmen: None A%W7 City Clerk I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the ??llsstt day of July , 1958, and that the same was published in accordance with law. City` lerk� • -7-