HomeMy WebLinkAboutNS-1184ORDINANCE NS-1184
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA REPEALING CHAPTER
38 OF T~E SANTA ANA MUNICIPAL CODE AND EN-
ACTING A NEW CNAPTER 38, ENTITLED "VE~ICLES
FOR HIRE" REQUIRING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR THE OPERA. ON
OF SUCH VE~ICLES, AND PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF SUCH
ORDINANCE.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
Section 1: This ordinance is declared by the City Council
to be an emergency measure necessary to preserve the public
peace, health, and safety.
Section 2: The City Council finds that the reasons for the
emergency are as follows:
a. The operation of taxicabs within the City of Santa
Ana is of great importance and of great impact to the
public health and safety. The City Council further
finds that standards and procedures for the issuance
of the Certificates of Public Convenience and
Necessity to operate taxicabs in the city are necess-
ary to protect public health and safety. Such regu-
lation of taxicabs is necessary to protect the citi-
zens of Santa Ana from inju~'~y such vehicles and
to safeguard the public against the use of taxi ve-
hicles in illegal acts and for illegal purposes
including prostitution.
b. The City of Santa Aha has had severe problems
in enforcing fair competition practices and taxi
operations among the taxi companies operating in
the City under the present ordinance. The City
has acted to alleviate that problem by drafting
an ordinance which has the input and scrutiny of
the authorized taxi companies, This ordinance
provides standards for fair competition and allows
for effective and efficient enforcement of the taxi
operations. The standards and procedures of this
new ordinance will be substantially superior to
those of the existing ordinance in protecting the
health and safety of the citizens of the City of
Santa Aha.
c. There are currently before the city Council
several parties seeking Certificates of Public
Convenience and Necessity to operate taxicabs.
In order to insure the public health and safety
in passing upon the requests of these parties,
it is necessary that the standards and procedures
of the new ordinance be applied without delay.
Section 3: Chapter 38 of the Santa Ana Municipal code, Ve-
hicles for Hire, together with all amendments thereto, con-
sisting of Sections 38-1 to Section 38-20 inclusive, is
hereby repealed.
Section 4: That the Santa Aha Municipal code is hereby
amended by adding a chapter, to be numbered Chapter 38,
which said chapter reads as follows:
-1-
Chapter 38 - Vehicles for Hire
Section 38-1.- Definitions.
For the! purpose of this chapter, the'following words
and phrases shall have the meanings respectively
ascribed to them by this section:
AMBULANCE is a 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.
CERTIFICATE means a Certificate of Public Convenience
and Necessity issued by the city of Santa Aha
authorizing the holder thereof to conduct an ambulance,
motorbus, taxicab, or other vehicle for hire business
in the City.
C~IEF OF POLICE shall mean the Chief of Police of
the City or his duly authorized subordinates.
CITY MANAGER shall mean the City Manager of the city,
or his duly authorized subordinates.
COMPENSATION as used in this chapter means and includes
any money, thing of value, payment, consideration,
reward, tip, donation, gratuity or profit paid to,
accepted, or received by the driver of any vehicle in
exchange for transportation of a person, or persons,
whether paid upon solicitation, demand or contract, or
voluntarily, or intended as a gratuity or donation.
CRUISING shall mean the movement or standing of a
taxicab on the public highways or public places for
the purpose of searching for or soliciting a
passenger for hire.
-2-
DRIVER means every person in charge or control of,
or driving or operating any motor vehicle upon the
streets, alleys or highways of the City, either as
owner, agent, employee or otherwise.
DRIVER'S PERMIT means and includes the permit issued
by the Chief of Police to any person operating or
driving any vehicle as defined in this chapter.
FIXED TAXI STAND shall mean a space set aside for
the exclusive use of one or more taxicab~ with
marked stalls for each taxicab operating therefrom
and which is clearly identified with a sign stating
the name and telephone number of the operator of
such stand.
HEARING OFFICER shall mean any person appointed by
the Clerk of the Council to conduct the public
hearing, submit written findings, conclusions and
recommendations.
HOLDER shall mean any person holding a Certificate
of Public Convenience and Necessity from the City
of Santa Ana.
JITNEY means and includes every vehicle authorized
pursuant to this chapter to engage in the business
of carrying passengers, for hire along a fixed route
of travel.
MANIFEST means a dail~ record prepared by the driver
or the management office of all trips made by
any ambulance or taxicab showing the date and place
of origin, destination, number of passengers, and
the amount of charge to each passenger.-
MOTORBUS.includes every motor vehicle used in the
~usiness of carrying passengers for hire which re-
ceives and discharges passengers along the fixed
route traversed by it; shall not include a taxi-
cab, or any inter-city bus ~egulated by the Public
Utilities Commission.
OWNER includes every person, partnership, firm,
entity, corporation or stockholder thereof, having
-legal use, control, or title of any motor vehicle
as herein defined, ~whether as owner, lessee, or
otherwise.
PARTIAL STOPPAGE shall mean the furnishing of less
than the regularly scheduled bus transportation
service due to work stoppage, slow down, labor dis-
pute, or when no regular bus service is scheduled
during the interval from termination of the day's
scheduled bus service and the commencement of the
next day's scheduled bus service.
PASSENGER FOR HIRE shall mean a person transported
in a taxicab for consideration.
PUBLIC CONVENIENCE AND NECESSITY is a genuine need
for public passenger vehicles for hire, to serve
promptly, adequately,-and efficiently the needs and
convenience of the g~neral public. This determina-
tion will be made at a public hearing.
STREET shall mean any place commonly used for the
purpose of public travel.
TAXICAB shall mean a motor vehicle used in the busi-
ness of transportation of passengers for hire, where
transportation is not over a fixed and definite route,
but is under the control, as to destination and/or
route, of the passenger or passengers being carried
therein.
TAXICAB TERMINAL shall mean any office, station,
building, stand, substation or other place of business
of a duly authorized holder at which calls are receiv-
ed, or may he received, from prospective passengers
for hire, from which place of business the holder
directs the dispatch and return taxicabs used in the
taxicab service for which the Certificate of Public
Convenience and Necessity has been granted.
TAXIMETER shall mean any mechanical instrument,
applicance, device or machine by which the charge for
hire of a motor vehicle is mechanically calculated,
either for distance traveled or time consumed, or both,
and on said instrument, appliance, device or machine
such charge is indicated by figures.
TOP LIGHT shall mean an electrically operated sign
with lights of a color and design approved by the
Chief of Police.
TOTAL STOPPAGE shall mean the complete halting of
bus transportation service furnished within the
City of Santa Ana resulting from a labor strike or
a disaster.
WAITING TIME shall mean the time when the taxicab
is not in motion from the time of acceptance to the
time of discharge of a passenger, including any
time the taxicab is not in motion due to traffic
or the request, act or fault of the passenger. The
first three minutes elapsing prior to the arrival
of the passenger at the beginning of a trip shall
not be considered as waiting time, and in no ev~t
shall any time be considered as waiting time for
any period prior to the time of arrival designated
by the prospective passenger when requesting the
taxicab.
Section 38-2 - Certificate of Public Convenience and
Necessity Required.
No person shall engage in the business of operating
or permit to be operated any ambulance, motorbus or
taxicab owned or controlled by him, as a vehicle for
hire upon the streets of the City without first ob-
taining a Certificate of Public Convenience and
Necessity from the City Council and having affixed to
each'vehicle a permit as required by Section 38-18 of
this Chapter and a device as required by Section 38-20a
of this Chapter.
Section 38-2a. - Same-Prohibition
NO person shall operate an ambulance, motorbus or
taxicab as a vehicle for hire upon the streets of
the City unless that vehicle has been affixed with
the appropriate sticker or device evidencing that
it is authorized to operate within the City of
Santa Ana as a vehicle for hire.
Section 38-3 Same-Application.
An application for a Certificate of Public Conve-
nience and Necessity shall be filed with the Clerk
of the Council, be verified under penalty of per-
jury, be accompanied by a fee in the amount of
one hundred dollars ($100.00), and shall contain
the following information:
(1)
The name, age, residence, and business
address, driver's license number, and
present occupation of the person apply-
ing for such license. If the applicant
is a partnership or association, the names,
ages, residence addresses, driver's license
numbers, and occupations of all partners
shall be given, and if the applicant is
a corporation, the names, ages, residence
addresses, driver's license numbers, and
occupations of all officers, directors
stockholders thereof shall be given in
addition to the value and number of
shares owned and issued to each.
(2)
A sworn financial statement of the ap-
plicant prepared by a certified public
accountant with audit if an individual
or corporation ~ or, if an association
or partnership, a sworn ~inancial state-
ment of each of the persons financially
interested in the business; a statement
as to whether or not the applicant or any
of the persons herein mentioned has any
unpaid judgments standing against him,
and if so, the nature of the transaction
.or acts giving rise to such judgments,
the court in which the same were render-
ed, and the amount of each unpaid or un-
bonded judgment; a statement of any
bankruptcies either personal or business
of the applicant including the number,
court and the date of discharge.
(3) The experience of the applicant, both in
the City of Santa Ana and elsewhere, in
the operation of ambulances, motorbuses,
or taxicabs or other common carriers for
the transportation of passengers.
(4) The facts which applican~ believes tend
to establish that public convenience and
necessity require the granting of a
certificate.
-5-
(6)
(7)
(8)
(9)
(10)
(11)
(12)
The number of vehicles to be operated or
controlled by the applicant and the makes,
body styles, years, serial and engine
numbers, state license plate numbers,
name of legal owner, and seating capacity
of the ambulances, motorbuses or taxicabs
for which such Certificate of Public
Convenience and Necessity is being applied
for.
A description of the proposed color scheme,
insignia, trade, style and any other dis-
tinguishing characteristics of the pro-
posed design to be used to designate
applicant's vehicle.
Whether or not the applicant for such
Certificate of Public Convenienc~ and
Necessity, any of the members, officers,
or directors of applicant thereof has, at
any time within five years prior to the.
date of such application been arrested,
convicted or pleaded guilty to any crime,
felony or misdemeanor, and, if so, the
date, nature of the offense or arrest
and the court in which such charge was
made, conviction was obtained or plea of
guilty was entered, and the disposition
of the case and imposition of sentence
and its ter~s.
The place or places within the City of
Santa Ana, or elsewhere, wher9 the per-
son applying for such Certificate of
Public Convenience and Necessity proposed
to establish his office and from which
he proposes to operate.
Whether there are any liens, mortgages,
or other encumbrances, including but not
limited to conditional sales contracts,
on such ambulances, motorbuses, or
taxicabs and, if so, the amount and
character thereof and the name of the
holder thereof.
Whether or not said applicant has ever
had any permit, franchise or Certificate
of Public Convenience and Necessity
issued to him that has been suspended or
revoked and, if so, circumstances of such
suspension or revocation whether in the
City of Santa Ana or elsewhere.
The make and type of taximeter intended
to be installed on each taxicab for
which such application is made.
A passenger vehicle inspection check
list from the Santa Ana Police Department
indicating that each taxicab proposed
to be operated has been inspected within
the last three months and is in a safe
-6-
(13)
(14)
(15)
(16}
(17)
(18)
(19)
(20)
operating condition and the sticker on
the right front of each vehicle's wind-
shield showing that each vehicle has
passed said safety inspection.
A policy of insurance in the manner and
form required by this chapter from a
responsible, solvent insurance carrier
authorized to issue public liability and
property damage insurance in the State of
California.
An agreement that in the event the applica-
tion is granted, the applicant will keep
in operation at all times a sufficient
number of taxicabs to meet the public
convenience and necessity; however, at no
time shall he operate less than five (5)
taxis. Each application must be for a
minimum of not less than five (5) taxicabs.
An agreement whereby applicant agrees
that he will maintain on the premises of
his principal place of business, in
operating order at all times, one telephone
line for every eight (8) taxicabs for which
a license has been granted, and that at all
times there will be an operator in charge
of said telephone or telephones who shall
devote himself exclusively to answering
said telephones and dispatching taxicabs
in response to requests therefor.
A statement that no ambulance, motorbus,
or taxicab shall be kept garaged, serviced,
maintained or repaired on any premises
where the zoning chapter of the Santa Ana
Municipal Code does not permit the same.
A statement listing the registered and
legal owner of said vehicles and the
addresses of either registered and/or legal
owner or owners.
A schedule of rates proposed to be charged.
If applicant is a corporation, copies of
Articles of Incorporation, bylaws, any
permits or notifications for the issuance
of shares, filed with or issued, by the
commissioner of corporation.
Such other information as the Hearing
Officer, City Council, City Manager, or
Chief of Police may deem necessary in all
applications or in individual applications
for the proper protection of the public.
-7-
Section 38-4 - Same- Absence of Public Convenience
and Necessity
Before any Certificate of Public Convenience and
Necessity to operate an ambulance, motorbus, or
taxicab in the City of Santa Ana may be granted
by the City Council, a public hearing shall be
held to determine whether the Public Convenience
and Necessity require a proposed service for which
application is made. If the Public Convenience
and Necessity does not require the proposed service,
as finally determined from investigations and from
the hearing, no Certificate of Public Convenience
and Necessity for such additional service will be
granted by the City Council.
Section 38-5 - Same-Notice of Hearing and Appoint-
ment of Hearing Officer.
Upon the filing of an application, the Clerk of
the Council shall appoint a hearing officer and
fix a time and place for public hearing thereon.
If two or more applications are on file, the Clerk
may schedule all such applications to be heard at
the same time. Written notice of the time and place
of the hearing shall be given to the applicant or
applicants and to all persons holding similar
Certificates or engaged in like businesses in the
City, at least'ten (10) days prior thereto, by
either causing a copy of such notice to be delivered
to the applicant(s) and above described persons.
personally or by mailing a copy t~ereof by certified
or registered mail addressed to the applicant(s)
at the address or addresses shown in the applica-
tion and to all other persons at their last known
address. Notice shall be given to the public by
publication in the newspaper published in the City
not less than five (5) days nor more than fifteen
(15) days prior to the date of the hearing.
The notice shall be substantially in the following
form:
"You'are hereby notified that a hearing
will be held before (name of hearing officer)
at
on the day of , 19
at the hour of on the applic-~ion
of for a Certificate
of Convenience and Necessity to operate
in the City of Santa Ana.
You may be present at the. hearing. You may,
but need not be represented by counsel. You
may present any relevant evidence.and.you
will be given full opportunity to rebut the
testimony of all persons testifying at this
hearing.
"You are reminded that pursuant to Section
38-6 of the Santa Ana Municipal Co~, the
applicant has the burden of proof at this
hearing."
-8-
Section 38-5a. - Same-General Powers of the Hearing
Officer.
The Hearing Officer may receive and rule on the ad-
missibility of any evidence, hear testimony under
oath, call witnesses as he may deem advisable in the
course of the hearing, and may elect to hear all the
applicants on the issue of Convenience and Necessity
and then hear the individual applicants on the issue
of fitness, etc., in the order of the filing of
their applications.
Section 38-6 - Same-Burden of Proof.
In the hearing provided for herein, the burden Of
proof shall be upon the applicant to establish by
clear, cogent, and convincing evidence that the public
convenience and necessity require such operation of
the service for which application has been made and
that the applicant is fit and able to perform such
transportation .of persons and property as proposed in
the application.
Section 38-7 - Same-General Procedure to be Followed
by the Hearing Officer.
The Hearing Officer shall substantially follow the
procedure and consider the factors set forth herein:
The Hearing Officer shall first determine
whether further service of the type proposed
by the applicaDts is required in'the City of
Santa Ana by public convenience and necessity.
In making such finding, the Hearing Officer
shall take into consideration the following:
a. The number of vehicles already authorized
in the City.
b. Whether existing authorized vehicles are
adequate to meet the public needs.
¢. The probable effect of the proposed increase
in vehicle number on local taxi conditions.
Whether the increased service will result
in competition that will be adverse to the
public interest.
e. The working conditions and wages paid to drivers.
The resulting effect uponthe business of the
existing operators and upon existing agencies
of mass transportation.
g. The demand of the public for additonal service.
h. The ratio of population to the number of
authorized taxicabs in comparable cities.
i. Whether the present service is inadequate.
If the Hearing Officer finds that the public con-
venience and necessity requires additional vehicles
for hire, he ~hall then determine how many addition-
al vehicles for hire are required by the public
convenience and necessity.
-9-
Thereafter, the Hearing Officer shall determine
whether the applicant is fit and able to per-
form such public transportation and to con-
form to the provisions of this chapter and the
rules and safety standards established by the
City of Santa Ana. In making such determination,
he shall take into consideration the character,
experience, and responsibility, including finan-
cial responsibility, of the applicant and such
other relevant facts as he may deem advisable.
Section 38-7a. - Same-Report of the Hearing Officer.
The Hearing Officer shall within a reasonable time (not
to exceed thirty (30) days from the date the hearing is
closed) submit a written report to the Council. Such
report shall contain a brief summary of the evidence con-
sidered and state the officer's findings, conclusions
and recommendation. The recommendations shall include
whether public convenience and necessity requires ad-
ditional service; if so, whether the applicant is fit
and able, the number of certificates the applicant
should be issued. The report shall also contain a pro-
posed decision in such form that it may be adopted by
the Council as its decision in the case. All such re-
ports filed with the Council shall be matters of public
record. A copy of each such report or proposed decision
shall be mailed to each party (by certified mail) on the
date it is filed wits the Council.
Section 38-7b. - Same-Consideration by the City Council-
Notice.
The Council shall fix a time, date and place to consider
the Hearing Officer's report and proposed decision.
Notice thereof shall be mailed to each interested party
not less than five (5) days prior to the date fixed, un-
less it is otherwise stipulated by all parties.
Section 38-7c. - Same-Exceptions to Report.
Not later than three (3) days before the date set to
consider the report, any party may file written ex-
ceptions to any part thereof and may attach thereto
a proposed decision together with written argument in
support of such decision. By leave of the Council, any
party may present oral argument to the Council.
Section 38-7d. - Same-Disposition by the City Council.
The City Council may adopt or reject the proposed
decision in its entirety, or may modify the proposed
decision.
Section 38-7e. Same-Proposed Decision Adopted.
If the Council adopts the decision in its entirety, it
shall instruct the Clerk of the Council'to:
(1) Issue such certificates of convenience and
necessity as were recommended by the Hearing Officer.
(2) Deny the application or applications because:
(a)
There was no finding by the Hearing Officer
that the public convenience and necessity
requires additional service of the type
proposed; or
(b)
there was a finding that the applicant
was either not fit and/or able to perform
such public transportation; and/or not able
to conform to the provisions of this chapter
or rules and safety standards established by
the City of Santa Ana.
Section 38-7f. Same-Proposed Decision Rejected.
If the Council chooses to reject the proposed decision as
to an individual applicant, then it may decide the case upon
a review of the entire record before the Hearing Officer,
taking into consideration those factors set forth in
Section 38-7, with or without taking additional evidence;
or may refer the case to the same or another hearing officer
to take additional evidence. The Council may refer the
matter to the same or anbther Hearing officer with or with-
out instruction that the matter of convenience and necessity
has already been proven or the matter of the applicant's fitness
and ability to perform public transportation has been proven.
If the case is reassigned to a hearing officer, he shall pre-
pare a report and proposed decision as provided in Section
38-7a, hereof, after hearing additional evidence and the new
decision shall be considered by the Council as provided
in Section 38-7d.
Section 38-7g. Same-Modification of Proposed Decision.
If the Council chooses to modify the proposed decision
only with respect to the total number of certificates required
or the number of certificates to be granted to one or more
applicants, it may refer the matter to the Hearing officer
for rehearing or hear the matter directly, limiting additional
evidence to that issue.
Section 38-8. Certificate of Public Convenience and
Necessity-Grounds for Denial.
In addition to the grounds set forth governing the issuance
of a certificate of public convenience and necessity upon
which an application may be denied, City Council or the
Hearing Officer may deny the same if it shall appear to
its/his satisfaction that such vehicle or vehicles pro-
posed to be operated are inadequate or unsafe; that the
applicant has been convicted of a felony; that the name
under which the applicant will do business or the
applicant's proposed color scheme or other insignia will
tend to confuse the identification of the vehicles proposed
to be operated by such applicant, with those of another
operating in the City.
-1.%-
In the event that an application for a
Certificate of Public Convenience and Neces-
sity is denied by the City Council, such
applicant shall not apply for a certificate
of public convenience and necessity for a
period of one year following the date of such
denial. Any application filed within such
one-year period by an entity over which the
prior applicant has substantial control, or
by any corporation where such prior applicant
has a substantial ownership interest shall
be deemed to be filed by such prior applicant.
Section 38-9 - Certificate of Public Convenience
and Necessity-Transfer.
No certificate may be sold, assigned, mortgag-
ed, leased, or otherwise transferred without
the consent of the Council, nor shall any
stock be transferred in any corporation hold-
ing, any certificate be assigned, transfer-
red, sold, or hypothecated without the consent
of the Council. Violation of this section
shall constitute grounds for revocation of
the Certificate.
Section 38-10 - Certificate of Public Con-
venience and Necessity-Suspension and Revocation;
Appeal to Council.
A Certificate of Public Convenience
and Necessity issued under the pro-
visions of this chapter may be
revoked or suspended by the Chief
of Police, the City Manager or their
delegate if the holder thereof:
Violates any provisions of this
chapter.
Discontinues operation for
more than thirty (30) days.
Violates any ordinance or
statute of the State or the
United States, which violation
indicates the unfitness or
indifference of the holder
to offer safe and adequate
public transportation or would
constitute grounds for the
denial of the certificate.
-12-
Allows the number of vehicles
to fall below the number of
permits issued and does not
replace the vehicles required
to meet the number of permits
issued within thirty (30)
days thereafter.
Commits any act which would
have been grounds for the
denial of the application.
In the event that the Chief of Police
or the City Manager has evidence
that any of the requirements or pro-
visions of this chapter have been
violated, he shall set forth such
evidence in writing and serve on
the holder, by registered mail or
personal service, notice that with-
in a period of not less than ten (10)
days from the date of service of said
notice, a hearing shall be conducted
by the Chief of Police, the City
Manager Or their delegate to allow the
holder to rebut the alleged facts
which constitute grounds for suspension
or revocation of the Certificate of
Public Convenience and Necessity. The
notification shall include the date,
time, and place of the hearing as well
well as a statement of the facts rele-
vant to the case. The holder may have
the assistance of counsel or may appear
without counsel and shall have the
right to present evidence, including
testimony under oath. In the event
that the holder fails to appear at the
hearing, the evidence of the existence
facts which constitute grounds for the
suspension or revocation of the Certifi-
cate of Public Convenience and Necessity
~shall be presumed true and may be sub-
mitted by way of written affidavit. At
the conclusion of said hearing, or as
soon as possible thereafter, the Hearing
Officer shall render his decision with
respect to revocation or suspension of
said Certificate of Public Convenience
and Necessity.
within, ten (10) days after the date of
mailing to the holder and posting at
the City Hall the notification that the
Certificate of Public Convenience and
Necessity has been suspended or revoked,
the holder may file with the Clerk of
the Council a written request for an
appeal before the City Council. The
appeal to the City Council shall not
stay the revocation or suspension pend-
ing any appeal. Upon the filing of such
request, the Clerk of the Council shall
set a time and place for hearing and shall
notify the applicant thereof. ~Thelhear-
ing shall be held thirty (30) days after
the request is filed. At the hearing, the
Council shall review the evidence present-
ed and the findings of fact and conclusions
reached at the revocation hearing. Not
later than five (5) days before the date
set for hearing, any party may file writ-
ten exceptions to the evidence presented
or the findings reached at the revocation
hearing. By leave of the Council, any
party may present oral argument to the
Council. At the conclusion of the hear-
ing, the Council shall either affirm or
reject the decision rendered at the
revocation proceeding. If the Council
rejects the revocation decision, then it
may either decide the matter itself,
based on all the evidence that has been
presented, or remand the matter back for
further proceedings consistent with their
opinion.
Section 38-11 - Same-Surrender.
.Certificates which shall have been suspended or
revoked~by the Chief of Police, the City Manager or
their delegate shall, forthwith, be surrendered to
the Chief of Police, the City Manager or his delegate,
and the operation of any ambulance, motorbus, or taxi-
cab, covered by such certificates shall cease.
Section 38-12 - Insurance-Motor Vehicle Liability
Policy Required.
It shall be unlawful for any owner to drive or operate
or cause or permit to be driven or operated, any ambu-
lance, motorbus, taxicab, or automobile for hire in
the City of Santa Ana unless such owner shall have
placed on file with the Clerk of the Council a motor
vehicle liability insurance policy, covering each
ambulance, motorbus, taxicab or automobile for hire,
issued by a solvent corporation holding a certificate
of authority to do insurance business in'the State of
California, which policy shall conform in all respects
to the requirements of this chapter.
Section 38-13 - Same-Liability Amounts
The required motor vehicle liability policy shall in-
sure the owner, and any other person using or responsi-
ble for the use of any such vehicle, with the consent,
expressed or implied, of such owner, against loss from
the liability imposed upon such owner by law for in-
jury to, or death of any person, or damage to property
growing out of the maintenance, operation or ownership
of any ambulance, motorbus, taxicab, or automobile
for hire, in the amount of one hundred thousand
dollars ($100,000.00) for bodily injury to any one
person, in the amount of three hundred thousand
dollars ($300,00.00) for bodily injury to more than
one person which are sustained in the same accident
and one hundred thousand dollars ($100,00.00) for
property damage resulting from any one accident and
providing protection coverage against uninsured motor-
ists with limits of liability of fifteen thousand
dollars ($15,000.00) for each person and thirty
thousand dollars ($30,000.00) for each accident, and
providing passenger medical payment coverage with
limits of liability of one thousand dollars ($1,000.00)
for each person, or a statement in the insurance cer-
tificate that the passengers will receive medical
payment to a limit of one thousand dollars ($1,000.00).
Section 38-14. - Same-Non-Cancellation Clause.
Every motor vehicle liability policy, or policies re-
quired under the powers of this chapter shall be a con-
tinuing liability up to the full amount thereof not-
withstanding any recovery thereon. All motor vehicle
liability policies shall be subject to the approval of
the City Manager in any and all matters and if at any
time, in the judgment of the City Manager, said motor
vehicle liability policies are not sufficient for any
cause, said City Manager may require the owner of such
ambulance, motorbus, taxicab, automobile for hire, or
tour vehicle to immediately cease all operation of
business due to non-compliance. If said owner fails
to replace said motor vehicle policies within said ten
(10)days with good and sufficient policies as afore-
said, then at the termination of said period the owner's
Certificate of Public Convenience and ~ecessity issued
hereunder shall be by such failure automatically sus-
pended until such time as said requirement is complied
with, and the Chief of Police shall enforce such sus-
pension. Such policy or policies of insurance shall be
presented to the City Attorney and approved by him as
to form.
Section 38-15. - Insurance - Policy Endorsement.
Every policy and every certificate of motor vehicle
liability insurance filed with the Clerk of the Council
in conformity with the provisions of this chapter shall
contain the following endorsements:
(1)
It is hereby understood and agreed that,
notwithstanding expressions inconsistent
with or contrary thereto in this policy
contained, the policy is specifically is-
sued to cover a motor vehicle as defined
in Chapter 38 of the Santa Ana Municipal
Code. This policy shall inure to, and be
for the benefit and protection of, anyone
who shall sustain any damages or injury,
or to the heirs, personal representatives,
administrators, executors or assigns of any
such person who may be so damaged or injured
or suffer death by reason of the operation
of the motor vehicle or from the defective
condition, thereof. Liability under this
policy shall be in no manner abrogated or
abated by the death of the feasor or the
insured.
-15-
(2)
This is a continuing liability up to the full
amount hereof, notwithstanding any action or
recovery thereon.
(3)
No cancellatian or reduction in coverage of
this policty for any reason whatsoever shall be-
come effective until the expiration of twenty (20)
days after written notice of such cancellation
or reduction in coverage shall have been given
to the Clerk of the Council of the City of Santa
Ana, said period of twenty (20)days to commence
to run from the date said notice is actually
received in the office of the Clerk of the
Council.
Section 38-16. Bond in Lieu of Liability Policy.
Subject to the approval of the City Attorney and the
City Manager, the owner of any ambulance, motoburs, taxi-
cab or automobile for hire operated under the provisions
of this chapter may file a bond of a responsible and
solvent corporation authorized to issue such bonds under
the provisions of the State of California, containing the
conditions and giving the protection required in the
vehicle for hire liability policy required by Sections
38-12, 38-13, 38-14, and 38-15, in lieu of either all
or any part of the insurance coverage required by said
sections.
In the event of the filing of a bond under the provisions
of this section, the applicable provisions of Section 38-12,
38-13, and 38-14, shall govern the furnishing of said bond
and the owner filing it.
Section 38-17. License-Fee To Be Paid.
It shall be unlawful for any owner to drive or operate
or cause or permit to be driven or operated, any ambulance,
motorbus, taxicab or automobile for hire on the streets
of the city of Santa Ana until he has complied with all
provisions set forth in this chapter and has paid the busi-
ness license tax for each vehicle for the current calendar
year, as provided in Section 21-72 (41). The annual fee
for a vehicle for hire shall be in the amount as provided
in Section 21-72 (41); provided that, when a business
license fee has already been paid on a vehicle and that
vehicle is within the year, replaced by another vehicle,
the unexpired portion of the license fee paid on the
vehicle so replaced shall be credited to the license fee
payable for the substitute vehicle. For the purposes
hereof, the unexpired portion of the license fee paid on the
vehicle which has been replaced shall be that .portion of
the annual fee which is equal to 1/12 of said fee multiplied
by the number of full months remaining during the current
licensing year.
Whenever a vehicle licensed as a vehicle for hire is re-
placed by another vehicle by the provisions of this
chapter, the sum of five dollars ($5.00) transfer fee
in addition to the license fee shall be paid by the
owner of the vehicle. The previously issued vehicle permit
or device is to be surrendered at the time the transfer
is made.
Section 38-18 - License-Vehicle Permit.
Every motor vehicle so licensed shall have attached
thereto in a conspicuous place in the lower left hand
corner of the rear window, a vehicle permit issued by
the Director of Finance or his designated agent.
Section 38-19 - License-Number of Vehicle Permits.
No owner shall operate more vehicles in the City of
Santa Ana or hold a greater number of permits for
operating vehicles in the City than is permitted by
the number of Certificates of Public Convenience and
Necessity issued by the City Council to such owner.
Section 38-20 - License-Record of Vehicle Permit.
The Finance Director or his designated agent shall
maintain a record by Vehicle Permit Number showing
the type, make, passenger capacity, engine number,
state license number, registered owner, legal owner,
and such other information pertinent to the vehicle
bearing the vehicle permit.
Section 38-20a. - Affixing of Vehicle Permit and
Device Evidencing Certificate.
The Finance Director or his designated agent shall at
the time he affixes a vehicle permit to the vehicle
for hire, also affix a device which will indicate
that this is a vehicle for which a Certificate of
Convenience and Necessity has been granted by the
Council.
Section 38-21 - Driver Permit-Required.
No driver, owner, dispatcher, or operator of an ambu-
lance, 'motorbus, taxicab, automobile for hire, shall
drive, operate or cause to be operated, nor shall any
person employ, permit or allow another to drive, operate
or cause to be operated, any vehicle over any street
of this City for the purpose of transporting a pas-
senger, or passengers, regardless of whether such
operation extends beyond the boundary limits of the
City of Santa Ana, nor shall any person solicit, in-
duce, persuade, invite or procure such transportation
of passengers, or accept compensation therefor, unless
the driver of said vehicle shall have first obtained
and shall have then in force a driver's permit issued
under the provisions of this chapter, except:
(1)
A vehicle which is lawfully transporting
a passenger, or passengers, from a point
outside to a destination within the City
of Santa Aha, or enroute to a destina-
tion outside the City of Santa Ana; pro-
vided that no such driver shall, without
such permit, solicit, or accept a
passenger.
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or passengers, from within the City of
Santa Ana for transportation to any des-
tination whatsoever.
(2) A driver of a vehicle being operated by
City or State public agencies.
(3)
A vehicle being operated for the purpose
of transporting bona fide pupils attending
an institution of learning between their
homes and such institutions.
(4)
Vehicles rented or leased for self operation
by a person using such vehicle under a plan
commonly known as "U-Drive", but not when
transporting other persons for compensation.
Section 38-22 - Driver's Permit-Application and Fee.
Prior to January 1st of each year, beginning January
1, 1972, an application for a driver's permit should
be filed with the Traffic Division of the Police
Department on forms provided by said division; each
application shall be accompanied by a receipt from
the Treasury Division of the Finance Department show-
ing the payment of a five dollar ($5.00) non-
refundable fee. Driver's permits issued upon approval
of applications by the Police Department shall remain
in force for a period of one year from date 'of issue.
Renewal, replacement, and duplicate driver's permits
shall cost an additional ~ive dollars ($5.00).
Driver's permit applications (including renewal, re-
placement, and duplicate applications) shall include
the following information:
(1)
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;
(2)
Marital status, complexion, color of
eyes and hair;
(3)
Whether he has ever been arrested, con-
victed, or pleaded guilty to any crime,
felony or misdemeanor, and, if so, the
date, nature of the offense or arrest
and the court in which such charge was
made, conviction was obtained or pleas
of guilty was entered;
(4)
The kind and number of his California
driver's or chauffeur's license and res-
trictions, and whether any license to
drive has ever been suspended or re-
fused or revoked, and if so, details of
the reason and disposition of the matter;
(5)
A statement showing where he has resided
during the preceding year, together with
the number of days, weeks, or months at
each address;
(6)
A statement of his physical condition, in-
cluding a statement of whether an applicant
has ever had epilepsy, blackout periods,
faintingspells, or been addicted to the use
of alcohol, narcotics, or other form of
hypnotics.
(7)
Whether he has ever had any driver's
license suspended or revoked and, if so,
the reason for such suspension or revocation
and the inclusive dates of such suspension
or revocation.
No driver's permit shall be issued by the Police Depart-
mant to any person:
(1) Who is under the age of twenty-one (21).
(2)
Who is subject to epilepsy, fainting or
loss of consciousness by reason of chronic
medical condition;
(3) Who is addicted to the use of narcotics;
(4) Who is known to have been a user of hypnotic
drugs or alcohol to an excessive degree;
(5)
Whose driving record indicates five (5)
violations of traffic laws involving moving
vehicles within two (2) years preceding the
date of application;
(6)
(7)
Who has willfully furnished false information
on his application~omitted to furnish all
information requested on said application
forms;
Who has been convicted for driving while
%mder the influence of intoxicating liquor
or narcotic drugs, or both, within three (3)
years of the date of application; or
(8)
WhO has been convicted of a felony or any
crime involving moral turpitude within five
(5) years preceding the date of application.
Section 38-23. Driver's Permit-Photographs.
said applicant for a driver's permit shall also file
with his application two (2) acceptable photographs
taken within a period of at least thirty (30) days,
and of a size 1 1/2" by 2", one to be filed with his
application and one to be permanently attached to the
driver's permit. Applicant shall be fingerprinted and
photographed by the Santa Ana Police Department, and a
record check made, cost of the forgoing to be borne by
the applicant.
Section 38-24. Driver's Permit-Display.
No driver, owner or operator of a vehicle for hire
shall drive or operate or cause or permit to be driven
or operated, any vehicle for hire which does not have a
driver's permit of its driver posted in a place con-
spicuous from the passenger's compartment while said
driver is operating any vehicle for hire.
Section 38-25. Driver's Permit-Suspension or Revocation.
The Chief of Police, City Manager or his designated
representative, shall have the power to suspend or
revoke any driver's permit issued hereunder in the event
the holder thereof shall have violated any provisions
of this chapter, or shall have committed an offense
which would have constituted grounds for non-issuance
of said permit.
No suspension shall be for a period of more than thirty
(30) days. Notice of suspension~or revocation shall be
given by either personal service on the permittee or by
mail addressed to the residence address on this applica-
tion and to the address of his employer.
In the event of such revocation or suspension of a
driver's permit, such permit shall be forthwith surrendered
to the Chief of Police, City Manager or his designated
delegate by the holder thereof.
A second suspension for the same reason or, a third
suspension of a driver's permit for any reason shall
operate as a revocation of such permit. No driver whose
permit has been revoked shall for one (1) year thereafter,
be granted a driver's permit to operate any vehicle for
hire on the streets of the City of Santa Ana except on
the presentation of reasons satisfactory to the Chief of
Police.
The Chief of Police may require any holder of a driver's
permit to submit to a physica.1 examination at any reason-
able time at the permittee's expense to determine his fit-
ness to operate a vehicle for hire and, should the
physician's report disclose that the permittee is either
physically or mentally unfit to operate a vehicle for
hire, the driver's permit shall be immediately revoked.
If a driver's permit is revoked or suspended for more
than ten (10) days, at any one time, the permittee may
appeal such order of the Chief of Police in the manner
provided in this chapter.
Section 38-26 Same-Appeal to City Council from
Denial, Suspension, Revocation.
Any applicant who is refused a driver's permit, or
any driver whose permit has been suspended or re-
voked for more then ten (10) days may appeal such
action to the City Council by Filing within thirty
(30) days after the suspension, revocation, or
denial a written statement of his reasons why the
City Council should reverse the action from which
the appeal is taken. The notice of appeal shall
be filed with the Clerk of the Council and one copy
thereof shall be served on the Chief of Police and
the City Manager. Said appeal shall show the
applicant's current address. The Clerk of the
Council shall set such appeal for hearing on the
first Council meeting date occurring more than
ten (10) days following the date of filing the same
and shall send notice thereof to the Chief of
Police and to the applicant at the address shown
on his appeal statement, both notices to be mail-
ed at least ten (10) days before said hearing.
The City Council shall proceed with the hearing of
such appeal, at which hearing all parties inter-
ested shall be afforded an opportunity to be heard,
and the City Council shall approve, modify or
annul such order from which the appeal has been
sought, and the findings of such City Council shall
be final on all parties thereto.
Section 38-27 - Same-Not Transferable.
Driver's permits are not transferable. However, it
shall be lawful for the owner of such driver's
permit to use the same permit if he changes employ-
ment from one taxicab operator to another holding
a Certificate of Public Convenience and Necessity.
Section 38-28 - Same-False Statements.
Any false statement or misrepresentation made by
an applicant for the purpose of securing a driver's
permit, or'paying renewal thereof, shall be deemed
good and sufficient cause for refusal to grant, or
if granted, for revocation of a driver's permit.
Any person who knowingly or fraudulently shall make,
forge, alter, or counterfeit any driver's permit,
vehicle permit required by law, or who shall know-
ingly have in his possession or shall pass, use,
or tender any such instrument to any other person,
shall be deemed guilty of a misdemeanor.
~ection 38-29 - Employment of Qualified'Drivers.
Every holder of a Certificate of Public Convenience
and Necessity to operate in the City of Santa Ana
shall employ as drivers only persons who are physically
and mentally fit and able to operate a motor vehicle
for hire. It shall be the full responsibility of
the holder to select and employ drivers who are
familiar with the streets and addresses in the City
of Santa Ana. The employment by any holder of a
Certificate of Public Convenience and Necessity
of any person as a driver who has been convicted of
a felony or of driving under the influence of
intoxicating liquor or drugs, or whose record as
a driver of motor vehicles as r~flected by official
court and police records, shows a lack of mental,
emotional, moral or temper&m~nt~l capability to
be a safe and reliable driver will be taken into
consideration by the City Council when requested to
grant or renew any Certificate of Public Convenience
and Necessity to operate vehicles for hire in the
City of Santa Ana. Every holder is enjoined not
to employ or retain in employment any person as a
driver who violates laws governing morals, motor
vehicle operations, or provisions of this chapter.
It shall be unlawful for any holder of a Certificate
of Public Convenience and Necessity in the City of
Santa Ana to employ a driver who has not first
been issued a driver's permit under the provisions
of this chapter, and a violation of this provision
shall be sufficient reason for revoking the
Certificate of Public Convenience and Necessity of
such holder.
Section 38-30 - Records and Reports - Required of
All Holders.
Every holder of a Certificate of Public Convenience
and Necessity under the provisions of this chapter
shall establish, keep and maintain a system of
records of such business and its operations.
Section 38-31 - Same-Periodic Examinations.
Accurate records of receipts from operations,
operating and other expense, capital expenditures
and such other operating information as may be
required by the Finance Director shall be kept and
maintained. Every holder of a Certificate of Public
Convenience and Necessity shall maintain the records
containing such information and other data required
by this chapter at a place readily accessible for
examination at all reasonable times by the Finance
Director, the Chief of Police or other authorized
representatives of the City of Santa Aha having a
legitimate and official interest in the enforcement
and administration of the provisions set forth in
this chapter.
Section 38-32 -Same-Monthly Reports.
Each holder of a Certificate of Public Convenience
and Necessity, not later than the 15th day of each
calendar month, shall upon request of the Finance
Director file verified reports showing all
receipts for all operations during the calendar
month next preceding the month of report in connect-
ion with such service for which a Certificate of
Public Convenience and Necessity has been issued.
Every such report shall be supported by daily or
weekly records, driver's manifest and other data
if required by the Director of Finance, such records
and manifests, after inspection and auditing, to
be returned by the Director of Finance to the holder.
-22-
Section 38-33 - Same-Annual Reports.
Every holder of a Certificate of Public Convenience
and Necessity shall submit to the Director of Finance
on request receipts, expenses and statistics of each
year of operation in accordance with uniform written
directives prescribed by the Director of Finance, not
later than the 20th day of the month next following the
close of such year's operation; provided, the Director
of Finance may permit such reports to be made on the
basis of fiscal year operations or, if found more
convenient by both the City and the holder, such reports
may be on the basis of a calendar year of operations.
Section 38-34 - Same - Equipment, Employees and
Insurance Policies.
Every holder of a Certificate of Public Convenience
and Necessity shall keep complete records of all auto-
motive and other equipment, employees, including drivers,
and records of insurance policies required by this chap-
ter as well as a record of all claims made and judg-
ments entered against such holder. Forms and methods
used in connection with the keeping of these records must be
approved by the Finance Director before adoption.
Section 38-35 - Same - Daily Trip Sheet.
Every driver of a taxicab shall maintain a daily trip
sheet.
Section 38-36 - Same-Availability for Examination.
Ail records and reports, trip sheets and other data
prescribed to be maintained and kept under this chapter
shall be preserved by the holder of the Certificate of
Public Convenience and Necessity in a safe place for
at least one year after date of the instrument, and all
such records shall be available for examination and in-
spection at all reasonable times by the Director of
Finance, Chief of Police and other authorized officials
of the City. Each holder shall forthwith, at the request
of the City Manager or his delegate, provide any other
information relevant to the operation and ownership of
holder, including but not limited to, names and
addresses of all partners, shareholders, officer and
directors, corporate papers and permits, minutes books
and lists of shareholders.
-23-.
Section 38-37 Same-Employment.
Each holder of a Certificate of Public Convenience
and Necessity shall keep and maintain at all times
a complete and accurate record of all drivers
employed by him, which record shall show in detail
the names and addresses and the dates of the beginn-
ing and termination of employment of said drivers,
the vehicle driven by each driver and the hours
during which each such driver was on duty during
each day or night of his employment, as well as a
list of all days or nights on which each such employee
was absent from his employment. Such records shall
be displayed to the Director of Finance, Chief of
Police, or City Manager at any time upon demand,
and shall not be destroyed without permission of the
Chief of Police.
Section 38-38 ~ Evidence of Mechanical Condition.
Following the issuance of each Certificate of Public
Convenience and Necessity, each holder shall furnish
to the Director of Finance, at any time upon his
request therefor, and at least once every six months
on or before the first day of January and the first
day of July following each year during which he
has been licensed to operate a vehicle for hire in
the City of Santa Ana, a Passenger Vehicle Inspection
Check List from the Santa An~ P~lice ~epartment for
each vehicle indicating that it is in a safe operating
condition. Statemen~ shall also designate each and
all taxicabs which shall, at the date of said state-
ment, be in a non-operating condition for any reason
whatsoever, designating such vehicle by engine number,
California license number, and vehicle permit number.
No such vehicle shall be returned to service until
the owner therof has furnished to the satisfaction
of the Director of Finance a Passenger Vehicle
Inspection Check List from the California Highway
Patrol for each vehicle indicating that it is in a
safe operating condition.
Section 38-39 - Mechanical Condition-Inspection.
The Police Department may examine and inspect every
vehicle regulated by this chapter to determine that
its equipment, including the lights, brakes, tires
and mechanical parts are in a good state of repair,
free from obvious defects; and to determine that such
vehicle will not be dangerously defective in operation.
The Police Department may inspect other parts of
the vehicle.
The Police Department may make periodic inspections
for the purpose set forth in this section.
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 condition because of
the use of such vehicle as emergency vehicles equipped
with red lights and siren and no such vehicle shall
be permitted to operate if any part thereof is defect-
ive in any degree which might make said vehicle less
-24-
safe at high speeds or in quick stops and turns.
Section 38-40 - Same-Enforcement.
No person shall operate any vehicle for hire desig-
nated in the Certificate of Public Convenience and
Necessity issued to him hereunder when it is not in
a safe operating condition, or permit a driver to
operate a vehicle in a manner contrary to the pro-
visions of this chapter, and the Chief of Police
shall have the power to revoke or suspend a holder's
Certificate of Public Convenience and Necessity in
the event he is found guilty of a violation hereof.
Section 38-41 - Same-Necessary Equipment.
(1)
Every vehicle licensed hereunder shall at
all times have the following equipment,
unless otherwise waived for good reason
shown by the Chief of Police:
spare tire, capable of being used
on any of the wheels of the vehicle;
b. A set of tools for changing tires.
c. Three (3) operable safety flares.
(2)
In addition to the foregoing equipment it
shall be mandatory that all vehicles have
the following:
Two independently acting braking systems,
either one of which will be capable of
stopping the vehicle without load at a
distance of 37 feet when operating on
a level, dry, asphalt street at a speed
of 20 miles per hour.
Ail glass in windshield, windows, and
doors, of safety or shatterproof glass.
Section 38-42 - Identification - Color Scheme.
Ail vehicles of a holder of a Certificate of Public
Convenience and Necessity shall be painted in
accordance with the color scheme approved by the
Chief of Police, and on each vehicle there may be
painted a monogram or insignia for identification
purposes that has been similarly approved. Subse-
quent to approval of the color scheme and a mono-
gram or insignia by the Chief of Police, the holder
shall furnish to the Chief of Police an 8" x 10"
color photograph of a completely equipped vehicle
for each approved color scheme and monogram of
insignia. The color scheme adopted by any holder
of a Certificate of Public Convenience and Necessity
shall not be used by any other holder. No change
whatever in the color scheme or distinguishing
characteristics of ~ny vehicle shall be made without
written permission from the Chief of Police.
-25-
Section 38-43. Same-Name, Lettering and Designs.
The name of the holder of the Certificate of Public
Convenience and Necessity, or the trade name under
which he or it does business, shall be printed on the
outside of each front door or on the rear door of
every vehicle operated in the City of Santa Aha, if
approved by the Chief of Police. The number of every
vehicle shall be painted on each side of the vehicle
and on the rear of such vehicle in conspicuous loca-
tions acceptable to the Chief of Police. Ail required
lettering shall be not less than 3 1/2" in height and
not less than 1/2" stroke. There may also be placed
an identifying design of such holder's business as
approved by the Chief of Police. Ail lettering and
designs shall be in colors contrasting the color
of the vehicle so that the lettering and designs shall
be clear and legible. Ail lettering and designs on
each vehicle for hire shall be of a substance that
will weather the elements and shall be kept legible
at all times. The lettering on all vehicles owned
by a subsidiary or operating unit of the holder of a
Certificate of Public Convenience and Necessity shall
be the same wording, same color scheme, same size
letters and on the same place and places on each
vehicle, as may be approved by the Chief of Police.
It shall be unlawful for any person to affix such
signs on any motor vehicle unless such vehicle is
qualified for 9peration in the City of Santa Aha
under the terms of this chapter.
Section 38-44. Same-Disqualification of Vehicle
For ~ire.
In the event any vehicle for hire is, for any reason,
disqualified under the terms and provisions of this
chapter from operating as such, all such signs or
equipment provided by this chapter, and any other
device or insignia indicating that such vehicle is
qualified for operations as a vehicle for hire,
including cruising lights, red light, and siren
shall be removed immediately from such vehicle, and
any person failing to remove the same after dis-
qualification shall be deemed guilty of a misdemeanor.
Section 38-45. Same-Imitations Prohibited.
No vehicle operating under the terms of this chapter
shall bear a color scheme, identifying design, mono-
gram or insignia which conflicts with or imitates
any color scheme, identifying design, monogram or
insignia used on the vehicles of any other holder of
a Certificate of Public Convenience and Necessity,
in such manner as to be misleading or tend to deceive
or defraud the public.
Section 38-46 - Same Registration of Vehicles.
Ail motor vehiclgs operated as taxicabs or automobiles
for hire within the city of Santa Aha shall be properly
licensed with the Department of Motor vehicles of the
State of california, and in the event that the laws
governing the licensing of commercial vehicles shall
apply, all such vehicles shall be licensed before being
used as taxicabs, automobiles for hire, or tour
vehicles.
Ail vehicles operated as taxicabs shall be registered
under the name of the holder of the Certificate of
Public Convenience and Necessity.
-26-
Section 38-47 - Taximeter-Operation.
No holder of a Certificate of Public Convenience and
Necessity shall operate or drive or cause or permit
to be driven or operated any taxicab in the City of
Santa Ana unless and until the taximeter shall have
been approved by the Director of Finance, and it shall
be the duty of the holder operating such taxicab, and
also the driver thereof, to keep such meter operating
at all times within such standards of accuracy as may
be prescribed from time to time by the Director of
Finance. No passenger shall be carried in any such
cab unless said taximeter shall be in operation. This
provision shall apply regardless of whether a taxicab
is engaged for a trip entirely within the boundaries
of the City of Santa Ana or partially outside thereof,
and such meter shall be kept operating continuously
during the entire time that it is engaged in the trans-
portation of passengers, regardless of the point of
destination.
Section 38-48 - Same-Visibility.
A taximeter shall be placed in each taxicab so that
the reading dial showing the amount to be charged shall
be well-lighted and readily discernible to the passen-
ger riding in any such taxicab.
Section 38-49 - Same-Inspection.
Every taximeter used in the operation of taxicabs shall
be subject to inspection at any time by the Director
of Finance, or any of his agents or employees. Upon
the discovery of any inaccuracy of such taximeter, the
operator thereof shall remove, or cause to be removed,
from service, any vehicle equipped with said taximeter
until such taximeter shall have been repaired and
accurately adjusted.
Section 38-50. Same-Flag Operation.
No driver of any taxicab, while carrying passengers,
shall display the "flag" attached to the taximeter
in such position as to denote that such vehicle is
not employed, or fail to throw the "flag" of the taxi-
meter to a position indicating said vehicle is unem-
ployed at the termination of each and every service.
Section 38-51. Same-Charge to Be Registered.
Ail charges for taxicab service shall be calculated
and indicated by a taximeter, and at all times while
the taxicab is engaged the "flag" of the taximeter
shall be thrown into a position to register the charges.
No taximeter shall be so operated as to cause any charge
to be registered thereon except during the time when
the taxicab is engaged by a passenger, or passengers.
Section 38-52. Same-Receipt for Charges.
No driver of any taxicab, upon receiving full payment
for a fare as indicated by the taximeter, shall refuse
to give a receipt upon the request of any passenger
making such payment. When the taximeter is of the
so called "receipt type", a receipt shall always be
offered the passenger upon receiving payment without
a request therefore being made. Said receipt shall
show name of the taxi company, name of the driver, date
of service, taxicab number, total amount of fare, origin
of fare and destination.
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Section 38-53. Same-Charges Must be Indicated.
Ail charges for transportation of passengers in taxi-
cabs operated in the City of Santa Ana must be as
indicated on the taximeters installed in said taxicabs,
and it shall be unlawful for any owner or driver of
any taxicab to charge any passenger or passengers any
sum in excess of the sum indicated on said taximeter.
Section 38-54. Fare~Rates to be Filed.
Every owner of any taxicab or automobile for hire
operating in the City of Santa Aha shall file or cause
to be filed with the Chief of Police of said City a
true and correct statement of the rates to be charged
for the transportation of passengers in any and all
taxicabs or automobiles for hire operated by said owner,
and such owner shall not change or modify said rates
in any manner without the written permission of the
Chief of Police of the City of Santa Ana and without
filing said modified or changed rates with said Chief
of Police.
Section 38-55. Same-Established Rates for Taxicab
Service.
It shall be unlawful for the owner or driver of any
taxicab to demand or charge for such service an amount
more than or less than the rates adopted by resolution
of the City Council.
Section 38-56. Same-Rates to be DisPlayed in Vehicle.
Every taxicab and automobile for hire shall have con-
· spicuously displayed in full view of the passenger or
passengers a card not less than two (2) inches by four
(4) inches in size, which shall have stated thereon
the name of the owner, or the fictitious firm name
under which the owner operates, together with the busi-
ness address and telephone number of said business,
and the owner's identifying number of such vehicle and
also the rates of fare to be charged for the use of
such vehicle. Any driver of a taxicab or automobile
for hire shall give the number of his vehicle on the
inquiry of any person.
Section 38-57. Same-Deduction for Time While Disabled.
In the event any taxicab, automobile for hire or tour
vehicle shall, while under employment, become disabled,
or break down without fault of the passenger, the time
of stoppage shall be deducted from the charge made.
Section 38-58. Same-Overcharge.
Any charge made, or sought to be made, to any patron
of any taxicab in excess of the charges authorized by
this chapter for a particular type of service rendered
or sought, when shown either by confession of the party,
or competent testimony, or failure on the part of any
driver or operator of any taxicab to make proper returns
to his employer, shall result in immediate suspension of
the driver's permit'until such time such permit is
either reinstated or revoked.
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Section 38-59. Same-Restitution.
Either the person or the employer of a person, respon-
sible for any over charge, shall be required to make
restitution to any defrauded patron for the amount of
the over charge.
Section 38-60. Refusal of Service.
No owner or driver of any taxicab licensed under author-
ity of this chapter shall fail or refuse, when in service
and not otherwise engaged for hire, to transport to his
announced destination at rates authorized in this chap-
ter any person who presents himself for carriage in a
sober and orderly manner and for a lawful purpose.
Section 38-61. Transporting Persons for Purpose of
Prostitution, etc.
It shall be unlawful for any driver of a taxicab know-
ingly to transport any passenger to the abode of a
prostitute, or knowingly to transport any criminal, nar-
cotic peddler, prostitute or bootlegger in the commis-
sion of a crime or infraction of the law in any manner,
or act in any manner as a panderer for prostitutes or
a contact for unlawful establishments of any character.
Violations of this section shall be brought to the
attention of the holder of the Certificate of Public
Convenience and Necessity in whose service the taxicab
driver is employed, and repeated occurrences'~y the same
or other drivers shall be grounds for revocation and
cancellation of the holder's Certificate of Public Con-
venience and Necessity, vehicle permit and driver's
permit.
Sectio~ 38-62. Top Liqht Indicating Occupancy of Taxi-
cab Required.
On top of every taxicab there shall be an electric light
sign, or top light, which shall be illuminated when the
taximeter flag is in "vacant" or non-earning position,
so that persons desiring taxicab service may be informed
of the availability of the taxicab for hire. The type
of light to be used shall be approved by the Chief of
Police.
Section 38-63. Return of Articles Left in Taxicab.
It shall be the duty of every taxicab driver to return
without delay to the owner, if any, any luggage, mer-
chandise or other property left in the taxicab. If the
owner is not known, the driver shall deliver to the holder
of the Certificate of Public Convenience and Necessity,
immediately upon the driver's return to the terminal, any
property whatsoever left in his taxicab and the circum-
stances relating thereto.
Section 38-64. Duty of Holder of Certificate of Public
Convenience and Necessity to Produce Vehicle for In-
spection; Testing and Sealing of Taximeter; Cost of Test
and Inspection to be Borne by Holder.
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It shall be the duty of every holder to have any or all
taxicabs operated by him at any designated place and at
such reasonable times as may be specified for the purpose
of testing taximeters or checking mechanical and sanitary
conditions of the taxicabs. Failure to produce taxicabs
for such testing or checking will be sufficient grounds
for taking vehicles out of service until they have been
checked, and taximete~ tested and sealed in accordance
with the provisions of this chapter. The cost of any
tests and examinations shall be borne by thelholder of
the Certificate of Public Convenience and Necessity.
Section 38-65. Special Operations.
Notwithstanding any provision contained herein to the
contrary, any taxicab operator may operate his taxicab
as a jitney during a total stoppage of bus service with-
in the City of Santa Ana subject to the following:
(1) Fares shall be no more than $.50 per
passenger;
(2)
Taxicab operator may operate the taxicab
as a jitney only along the existing bus
routes;
(3)
There shall be two placards, reading
"jitney" and "$.50 per passenger", fixed
to the right hand visor of the jitney, one
of which shall be facing outward so it
shall be visible by potential passengers and
the other fixed to said right hand visor
facing the passengers riding therein;
(4)
The loading or unloading of passengers
shall take place only at established bus
· stops along the route prescribed herein;
(5)
When a taxicab operator has taken on
passengers as a jitney, he shall not be
permitted to cruise as a taxicab there-
after until he has taken all the jitney
passengers to their respective destinations;
(6) No baggage fee shall be assessed during
jitney operations.
Section 38-66. Solicitation of Fares; Taxicab Stands;
Illegally Learning of Accidents By Ambulance
Operators.
No driver shall solicit passengers for a taxicab except
when seated in the driver's compartment of such cab,
or while standing immediately adjacent to the curbside
thereof, and no taxicab shall park upon the streets of
the city while the driver solicits passengers.
No taxicab driver, or other person, shall solicit
patronage in the terminal of any other common carrier,
~or in the street within one hundred feet (100') of
such terminal, or at any regular pickup point of any
other carrier without written permission from the person
operating such terminal or carrier. No taxicab stands
shall be provided upon the streets of the City.
No ambulance owner, operator or driver shall solicit
passengers at the scene of the accident unless the
same has been summoned by telephone communication, and
no ambulance shall go to the scene of the accident
discovered by monitoring short wave police calls.
Section 38-67. Vehicles and Drivers Licensed Elsewhere.
The operator of a motor vehicle licensed by any juris-
diction as a taxicab shall be deemed, upon soliciting
passengers in the City of Santa Ana for transportation,
to be operating for hire. A person licensed as a taxicab
driver by any jurisdiction who solicits passengers in the
City of Santa Ana shall be deemed to be operating for hire.
Section 38-68. Penalty for Violation of Chapter Provisions
Any person, partnership, corporation, firm, registered
owner, or holder of a Certificate either by himself or
through his direction, consent, assent, permission or
acquiescence who shall violate any of the provisions of
this chapter, shall be deemed guilty of a misdemeanor.
Any person who shall aid, abet or assist in the violation
of any of the provisions of this chapter shall be deemed
guilty of a misdemeanor, and each separate violation shall
constitute a separate offense, and each and every day the
offense is continued in cases where the offense is a
continuous one, shall constitute a distinct and separate
offense.
Section 38-69. Authority to Arrest.
Every police officer of the City is hereby given authority
and is enjoined to watch and observe the conduct of holders
and drivers operating under this chapter. Upon discovering
a violation of the provisions of this chapter, every such
officer shall take immediate steps to enforce the law, by
report to proper officials, by citation, by arrest, orby
impounding vehicle used in the commission of a violation
of this chapter.
Section 5: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason
held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions
of this ordinance. The City Council of the City of Santa
Ana hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, clauses, phrases
or portions be declared invalid or unconstitutional.
Section 6: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect
the prosecution for violation of ordinances, which viola-
tions were committed prior to the effective date hereof,
nor be construed as affecting any of the provisions of such
ordinances relating to the collection of any such license
or penalty or the penal provisions applicable to any viola-
tion hereof, nor to affect the validity of any bond or case
deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance, and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
Section 7: The Clerk of the Council shall certify to the
passage of this ordinance and cause the same to be published
in some daily newspaper printed and published in the City
of Santa Ana.
PASSED AND ADOPTED by the city Council of the City of
Santa Ana at its regular meeting held on the 20 day
of August , 1973.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; that the
foregoing Ordinance was introduced to said Council at its
regular meeting held on the 20 day of August , 1973
and was at said meeting passed and adopted by the following
vote, to wit:
AYES,
NOES,
COUNCILMEN:
COUNCILMEN:
Griset, Evans, Garthe, Markel,
Patterson, Ward, Yamamoto
None
ABSENT,
COUNCILMEN: None
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
~TTORNEM
By:CharTes J. Liherto, Assistant City Attorney
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