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HomeMy WebLinkAboutNS-454ORDINANCE NO. NS-454 REGULATING AND LICENSING TAXICABS, MOTOR BUSES, AMBULANCES, AND THE DRIVERS THEREOF THE CITY COUNCIL OF THE CITY 0F SANTA ANA DOES FOLLOWS: SECTION 1. %1~at Santa Aha Municipal Code ORDAIN AS Part 8 of Chapter 3, Article VI, of the is hereby amended to read as follows: "PART 8 - Ambulances, Motor Buses and Taxicabs. "Section 6380. Definitions. The following words and phrases when used in this Part have the meanings set forth herein: (a) AMBULANCE is any privately owned vehicle equipped or used for transporting the wounded, injured, sick or dead, and shall include, but not be limited to, emergency vehicles used for such purposes. (b) CERTIFICATE means a certificate of public convenience and necessity issued by the City authorizing the holder thereof to conduct an ambulance, motor bus or taxicab business in the City. (c) CRUISING means the driving of a taxicab on the streets or public places of t~e City in search of or soliciting pros- pective passengers for hire. (d) DRIVER means the person in actual charge or control of any ambulance, motor bus or taxicab as the driver thereof. (e) MANIFEST means a daily record p~epared by the driver or the management office of all trips made by any ambulance or taxi- cab showing the date and place of origin, destination, number of passengers, and the amount of the charge to each passenger. (f) MOTOR BUS includes every motor vehicle used in the business of carrying passengers for hire which receives and dis- charges passengers along t he fixed route traversed by it, but shall not include a taxicab, sigatseers, or hotel bus, or any inter-City bus regulated by the Public Utilities Commission. (g) OWEEH includes every person, corporation, or other business organization controling any ambulance, motor bus or taxicab Within the City. (h) TAXICAB means a motor vehicle regularly engaged in the business of carrying passengers for hire having a seating cap- acity of less than seven (7) persons, and not operated on a fixed route. (i) TAXIMETER means a meter or device attached to a taxicab which mechanically measures the distance driven and the waiting time upon which the fare is based,w "Section 6381. Certificate of Public Convenience and Neces- sity Required. No person shall operate or permit an ambulance, motor bus or taxicab owned or controled by him to be operated as a vehicle for hire upon the streets of the City without first ob- taining a Certificate of public convenience and necessity from the Council, except a person actually engaged in such operation upon the date this Ordinance becomes effective." "Section 6381.1. Application for Certificate. An application for a certificate shall be filed with the Clerk of the Council, be verified under authority, be accompanied by a fee in the amount of $ 25.00 , and shall contain the following info~mation: (a) The name and address of the applicant, if an indiv- idual; the name, principal place of business, state of incorpora- tion, local business address, and the names and addresses of all officers, if a corporation or association; and the names and address- es of all partners, if a partnership. (b) A financial statement of the applic~ut, if an indiv- idual or corporation; or, if an association or partnership, a finan- cial statement of each of the persons financially interested in t~e business; a statement as to whether or not the applicant or any of t~e persons herein mentioned has any unpaid judgments standing against t~em, and if so, the nature of the transaction or acts giving rise to passengers. such judgments and the amount of each unpaid Judgment. The experience of applicant in the transportation of -2- (dl The facts which applicant believes tend to establish that public convenience and necessity require the granting of a certificate. (e) T~e number of vehicles to be operated or controled by applicant and the location of all proposed depots, terminals or stands. (f) The color scheme, name, and/or insignia to be used to designate applicant,s vehicles. (g) Such O~rther information as the Council may recAuire. (hI A schedule of the rates proposed to be charged. "Section 6381.2. Public Hearing. Upon the filing of an application the Council shall fix a time and place for public hear- ing thereon. Notice of such hearing shall be given to applicant at the address or addresses shown in the application, to all persons holding similar certificates or engaged in like businesses, and by publication of notice once five (5) days before the date of hearing. Any interested person may file with the Clerk of the Council a memorandum in support of or in opposition to the issuance of a certificate." "Section 6381.3. Issu~ce of Certificate. If the Council finds that further service of t~e type proposed by applicant is re- quired in t~e City by public convenience and necessity, and that the applicant is fit, willing and able to perfor~ such public trans- portation and to conform to the provisions of this Ordinance and the rules and safety standards established by the City, then the Council shall issue a certificate stating the name and address of the appli- cant, the number of vehicles authorized under said certificate, and the date of issuance; otherwise the application shall be denied. eIn making the above finding the Council shall take into con- sideration the number of vehicles already in operation in the City, whether or not such vehic~ s are adequate to meet the public need, the probable effect of t~e proposed increase in vehicle number on local traffic conditions, and the character, experience and respon- sibility of the applicant." -3- "Section 6381.4. Liability Insurance Required. After the effectiwe date of tn~ Ordinance no person shall operate any ambul- ance, motor bus, or taxicab in the City of Santa Aha unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the State of Cali- fornia for each authorized vehicle so operated, insuring the owner and driver of such vehicle against loss by reason of injury or dam- age which may result to persons or property from the negligent operation of such vehicle in the amount of $20,000 for bodily Injury to any one person, in the amount of $~0,000 for bodily injuries to more than one person which are sustained in the same accident, and $10,000 for property damage resulting from any one accident, and providing passenger protection coverage against uninsured motorists with limits of liability of $10,000 for each person and $20,000 for each accident, and providing passenger medical reimbursement with limit of liability of $20~.00 for each person. Said insurance policy or policies, together with a statement from the company writing same that t~e City will be notified in writing twenty (20) days before the date of any cancelation of such policy ~ shall be filed with t~e finance officer of the City. A certificate showing such insurance to be in force may be filed, instead of the original policy." "Section 6381.5. License Fees. No person shall operate any ambulance, motor bus, or taxicab on the streets of the City until he has paid the business license tax for said vehicle for the cur- rent calendar year, as follows: Ambulance $ 12.00 Taxicab $. 50.00 "Section 6381.6. Transfer of Certificates. No certificate may be sold, assigned, mortgaged, or otherwise transferred without the consent of the Council." "Section 6381.7. Suspension and Revocation of Certificates. A certificate issued under the provisions of this Ordinance may be revoked or suspended by the Chief of Police if the holder thereof -4- violates any provision of this Ordinance, discontinues operation for more than thirty (30) days, violates any Ordinances of the City or Statutes of the State of California, or the United States of America, which violations indicate the unfitness or indifference of the holder to offer safe public transportation. "Prior to suspension or revocation the holder shall be given notice of the proposed action and shall have an opportunity to be heard. The owner may file an appeal to the City Council requesting a review of any action taken under this Section." "Section 6382. Driver Per, it Required. No person shall oper- ate an ambulance, motor bus, or taxicab upon the streets of the City for hire, and no owner shall permit such vehicle to be so driven, unless the driver thereof shall have first obtained, and have then in force, a driver's permit for t~e type of vehicle he is so driving, issued under the provisions of this Part." "Section 6382.1. Application for Driver's Permit. An applica- tion for a driver's permit shall be filed with the Police Department on forms provided by the City; shall be verified by the affidavit of the applicant, and shall give the following information: (a) The name, address, and age of the applicant, and if the applicant has ever been known by any other names, such other names shall be set forth. (b) Age, marital status, height, complexion, color of eyes and hair. (c) Whether or not he has ever been convicted of a felony or misdemeanor and, if so, details regarding the charge, place and punishment. (d) The kind and number of his California Driver's or Chauffeur's License, and whet~er or not any license to drive has ever been suspended or refused or revoked, if so, details of the reason and disposition of the matter. (e) A statement snowing where he has resided during the preceding year, together with t~e number of days, weeks or months at each address. (f) A statement of phy- sical condition, including a statement of whether or not applicant has ever had epilepsy, black-out periods, fainting spells, or been addicted to the use of alcohol, narcotics, or any form of hypnotics." -5- mSection 6382.2. Consideration of Application and Standards for Dete~nination. On filing an application, applicant shall be fingerprinted, and a check shall be made to determine whether or not applicant hasa~x~ior criminal record. Before issuing any ~empor~ry permit the Police Department shall check local records, require ap- plicant to pass an exsmination as to his knowledge of City streets, and determine that applicant possesses a valid and proper driver's license from the State of California." l'No driver's permit shall be issued to any person under the age of 21 years, to any person subject to apoplexy, fainting, loss of consciousness, or addicted to the use of narcotics, to any person who is known to have beton a user of hypnotic d~ugs, or alcohol to an excessive degree, or to any person whose driving record indicates $ violations of traffic regulations involving moving vehicles within the past 2 years ~,, or to any person who nas furnished false information on his application or omitted to f~rnish all of the information requested on said application form, or for convic- tion for driving while under the influence of intoxicatiB~ liquor or narcotic d~ugs, or for robbery, larceny or grand theft within fi~e ($) years prior to application. "A temporary driver's permit may be issued for a period not exceeding sixty (60) days. A driver's permit shall be good for a calendar year. No driver,s permit other than a temporary pe~nit shall be ~ issued to any person to drive an ambulance who has not completed the American Red Cross First Aid Training Course. Every permit shall indicate whether it is for the driving of an an~oulance, motor bus, or taxicab." "Section 6383. Displs~ of Permit. Every driver hereunder shall display in the rear or passenger portion of the vehicle driver's permit in such a place as to be in full view of the passen- gers in such vehicle, and the permit shall have displayed t~ez.eon a full face picture of the driver." "Section 6384. Suspension or Revocation of t~e Permit. The -6- Police Department is hereby given authority to suspend or revoke any driver's permit issued under this Fart for the driver's failure or refusal to comply with tne provisions of this Fart, or for any ~eason which would Justify the refusal to issue a permit, as here- inabove set out. ~o suspensions shall be for more than a period of thirty (30) days. Notice of either suspension or revocation of permit shall be given by either personal service on t ne permitee or by mail addressed to the resident's address given on mis appli- cation, and to the address of his employer." "Section 6384.1. Ap~ al. Any ~pplicant who is refused a permit, or any driver whos~ perm£~ ~i$ suspended or revoked, may appeal such action to the C~y Council by filing a written statement of the facts involved from ~is point of view, with tGe Clerk of the Council, and serve one copy thereof on t~e Chief of Police. Said appeal shall show applicant's current address. The Clerk shall set such appeal for hea~ing on the first Council meeting date occurring more t~an three (3) days following date of filing same, and shall send notice thereof to the Chief of Police and to applicant at the address shown on ~is appeal statement, both notices to be mailed at least three (3) days before hearing." "Section 6385. Inspection and Licensing of Vehicle. Prior to use and operation as a public carrier regulated by this Fart, every vehicle shall be ex~mined and inspected by the Police Depart- ment to determine that its equipment, including lights, brakes, tires and mechanical parts, are in a good state of repair, free of obvious defects, to determine that such vehicle will not be danger- ously defective in operation. The Police Department may inspect other parts of the vehicle and upon said inspection shall determine that the provisions of tais Part are being complied with insofar as mo lor scheme, insignia, and vehicle code requirements are being met. The Police Department may make periodic inspections for the purposes set forth in tais Section and s~all inspect eac~ vehicle licensed hereunder at least once each year. -7- "Particular attention shall be given to the inspection of any ambulance licensed hereunder to determine that the brakes, lights, windshield, tires and mechanical parts are maintained in a safe con- dition because of the use of such vehicles as emergency vehicles equipped with red lights and sirens, and no such vehicle shall be permitted to operate when any part thereof is ~efective in any de- gree which might make said vehicle less safe at high speeds or in quick stops and turns." "Section 6386. Taximeter. All taxicabs shall be equipped with taximeters which are mechanically operated and of standard design. Such meters shall be sealed at all points and connections which if manipulated would affect the correctness of their reading or recording. Each taximeter shall have a flag to denote when the vehicle is employed and when not employed, and no taxicab so equip- ped shall be operated upon the streets of the City unless the taxi- meter is working properly and registering accurately." "Section 6387. Refusal to Pay Legal Taxi Fare. No person shall refuse to pay the legal fare up to, but not exceeding $10.00, for any taxi after having hired the same, and it is hereby declared to be a misdemeanor to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service. It is expressly provided that any taxi fare in excess of $10.00 shall be a matter for advance contract between the parties and refusal to pay the same shall not be deemed a misdemeanor. Dis- putes about the legality or reasonableness of the charge, or about any taxi fare exceeding $10.00 for such service shall be determined by Civil action." "Section 6388. Solicitation of Passengers. No driver shall solicit passengers for a taxicab except when seated in the driver's compartment of such cab, or while standing irmmediately adjacent to the curb side thereof, and no taxicab shall park upon the street of the City while the driver solicits passengers. -8- "No taxicab driver shall solicit patronage in the terminalof any other common carrier, or in the streets within 100 feet of such terminal, or at any regular pickup point of any other carrier with- out written permission from the person operating such terminal or carrier. No taxicab stand shall be provide~ upon the streets of the City. "No ambulance shall solicit passengers at the scene of any accident unless the same has been summoned by telephonic communi- cation, and no ambulance shall go to the scene of any accident by reason of monitoring shortwave police calls. Ana at ATTEST: dL~RK OF T~E COUNCIL PASSED AND ADOPTED by the City Council of the City of Santa its regular meeting held on the 20~ day of Jume , 1960. STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, MARION SUTTNER, do hereby certify that I am the Clerk of the Council Of the City of Santa Ana, California; that the foregoing Ordinance was regularly introduced at its regular meeting held on the 6%h day of June , 1960, and was again considered by said Council at its regular meeting held on the 20%h day of Jua® , 1960, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: AYES, COUNCILMEN: R~yal E, Hubbard, Stanley Co Gould, Jro, Dale H. Heinly, Bob Brewer~ A. A. Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None OF'THE COUNCIL -9- CHAPTER Z - i2jD USS R~C, UD~TIOHS Because of the necessity of segre~atinc the location of residences, busi- nesses, trades and industries; and re~ulatin~ the use of buildin~s, structures, and land; and re~ulatin~, the location, hei.-.h~, bulk, and size of buildin~s and structures, the size of yards and other open spaces; the City of Santa Ama is hereby divided into land-use ~istricts of such number, shape and area as may be considered best suited to carry out these re~.ulations and nrovide for their en- forcement. The re~Alations are considered necessary in order to: (a) EncouraEe the most apnroDriate use of land. (b) Conserve and stabilize property value. (c) Provide adequate open s~aces for lisht, air and to prevent and fight fires. (d) J'revent the undue concentration of population. (e) Lessen congestion on streets and hi~aya. (f) Promote the health, safety and the general welfare of the people, all as par~ of the ~neral Plan of the City of Santa Aha.