HomeMy WebLinkAboutNS-1354NOTE: See June 16 memo to file - CA 26 & tickler copy KLG:rs
3-23-77
ORDINANCE NO. NS-1354
AN EMERGENCY ORDINANCE OF THE CITY OF SANTA
ANA AMENDING SECTION 38-13 OF THE SANTA ANA
MUNICIPAL CODE TO EXEMPT FROM THE REQUIREMENTS
THEREOF PERTAINING TO UNINSURED MOTORISTS
COVERAGE ANY AUTOMOBILE WHILE USED AS A PUBLIC
OR LIVERY CONVEYANCE.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
Section 1. That Section 38-13 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 38-13. Same--Liability amounts.
The required motor vehicle liability policy
shall insure the owner, and any other person using
or responsible 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 injury 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 ($300,000.00) for
bodily injury to more than one person which is sus-
tained in the same accident and one hundred thousand
dollars ($100,000.00) for property damage resulting
from any one accident and providing protection cover-
age against uninsured motorists with limits of liability
of fifteen thousand dollars ($15,000.00) for each person
and thirty thousand dollars ($30,000.00) for each acci-
dent, 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 insur-
ance certificate that the passengers will receive medical
payment to a limit of one thousand dollars ($1,000.00);
provided, however, that said coverage against uninsured
motorists shall not be required with respect to any
automobile while used as a public or livery conveyance.
Section 2. This ordinance is declared by the City Council
to be necessary as an emergency measure for preserving the public
peace, health, or safety, to be effective upon the date of its
publication. The reasons for its urgency are as follows:
Prior to the amendment of said Section 38-13, hereinabove
contained, said section required uninsured motorists coverage to
be provided by, among others, taxicab operators. Yellow Cab of
Santa Ana, Inc. has informed this Council of the prohibitive cost
of such insurance and the City Attorney has informed this Council
that such requirement is contrary to the provisions of Insurance
Code ~11580.2(b), which has preempted to the State of California
the regulation of uninsured motorist coverage. Unless this ordin-
ance becomes effective immediately, therefore, said conflict be-
tween the provisions of said Section 38-13 of the Santa Ana
ORDINANCE NO. NS- 1354
PAGE TWO
Municipal Code and said section of the Insurance Code of the State
of California will continue to exist, with the result that residents
of the City may be deprived of the service of taxicabs in the City,
to their detriment.
ADOPTED, this 29th day of March , 1977, by
the following vote, to w--~:
AYES, COUNCiLMEN:Ward, Brandt~ Bricken~ Ortiz~
Yamamoto~ Garthe
NOES, COUNCILMEN: None
ABSENT,
COUNCILMEN: Evans
ATTEST:
KEITH L. GOW
CITY ATTORNEY