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HomeMy WebLinkAboutNS-1394EJC:adg 10/27/77 ORDINANCE NO. NS- 1394 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING CHAPTER 32 TO THE SANTA ANA MUNICIPAL CODE AND REPEALING CHAPTER 38 RELATING TO VEHICLES FOR HIRE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: That the Santa Ana Municipal Code, is hereby amended by adding a chapter, to be numbered Chapter 32, which said chapter reads as follows: CHAPTER 32 Vehicles for Hire ARTICLEI. General Provisions Sec. 32-1. Definitions. For the purpose of this chapter, the words and phrases set forth in sections32-1.1 through 32-1.26 shall have the meanings respec- tively ascribed to them by such sections. Sec. 32-1.1. Ambulance. "Ambulance" shall mean any privately owned vehicle equipped or primarily used for transporting the wounded, injured, sick, or handicapped, and shall include, but not be limited to, emergency vehicles used for such purposes. Sec. 32-1.2 Attendant. "Attendant" shall mean any person attending or administering any aid to a person being transported by ambulance. Sec. 32-1.3. Certificate. "Certificate" shall mean a certificate of public convenience and necessity issued by the City of Santa Ana authorizing the holder thereof to conduct an ambulance business in the City. Sec. 32.1.4. Compensation. "Compensation" shall mean any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid to, accepted, or received by the driver, owner, attendant, or all of them, 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. ORDINANCE NO. NS- 1394 PAGE TWO Sec. 32-1.5. Cruising. "Cruising" shall mean the movement or standing of a taxicab on a public street or public place for the purpose of searching for,obtaining, or soliciting a passenger or passengers for hire. Sec. 32-1.6. Driver. "Driver" shall mean any person in charge or control of, or driving or operating any motor vehicle upon any street, alley or highway of the city, either as owner, agent, employee or otherwise. Sec. 32-1.7. Driver's Permit. "Driver's permit" shall mean the permit issued to any person operating or driving a vehicle for hire as defined in this chapter. Sec. 32-1.8. Fixed Taxi Stand. "Fixed taxi stand" shall mean a space set aside for the exclusive use of one or more taxicabs 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. Sec. 32-1.9. Jitney. "Jitney" shall mean a taxicab engaged in the business of carrying passengers for hire along a fixed route of travel during a time of total or partial stoppage. Sec. 32-1.1Q. Manifest. "Manifest" shall mean a daily record prepared by the driver or the management office of all trips made by any vehicle showing the date and place of origin, destination, number of passengers and the amount of charge to each passenger. Sec. 32-1.11. Motorbus. "Motorbus" or "bus" shall mean any motor vehicle used in the business of carrying passengers for hire which receives and discharges passengers along a fixed route traversed by it, except any inter-city bus regulated by the public utilities commission. Sec. 32-1.12. Owner. "0wner" shall mean any person, partnership, firm, entity, or corporation or stockholder thereof having legal use, control or title of any motor vehicle, whether as owner, lessee or otherwise. Sec. 32-1.13. Partial Stoppage. "Partial stoppage" shall mean the furnishing of less than the regularly scheduled bus transportation service due to work stoppage, slow down, labor dispute, or when no regular bus service is scheduled during the interval between termination of one day's scheduled bus service and the commencement of the next day's scheduled bus service. ORDINANCE NO. NS- 1394 PAGE THREE Sec. 32-1.14. Passenger for Hire. "Passenger for hire" shall mean a person transported in a vehicle for hire for compensation or other consideration. Sec. 32-1.15. Pickup. "Pickup" shall mean to take into a vehicle. Sec. 32-1.16. Permit. "Permit" shall mean a permit issued by the City of Santa Ana authorizing the holder thereof to conduct a motorbus, taxicab, or other vehicle for hire business in the City. Sec. 32-1.17. Safety Inspection Sticker. "Safety inspection sticker" shall mean a sticker affixed to a vehicle for hire or ambulance evidencing that it has been inspected by the Orange County Sheriff, Santa Ana Police Department, or the California Highway Patrol and found to be in safe operating condition.. Sec. 32-1.18. Solicit. "Solicit" shall mean to endeavor to obtain a passenger for hire by words or gestures, including, but not limited to, the use of a sign indicating that such vehicle is available for hire. Sec. 32-1.19. Taxicab. "Taxicab" shall mean any motor vehicle used in the business of transportation of passengers for hire, where transportation is not over a fixed and definite route, but is under the control, as to the destination and/or route, of the passenger or pas- sengers being carried therein. Sec. 32-1.20. Taxicab Terminal. "Taxicab terminal" shall mean any office, station, building, stand, substation or other place of business of a permit holder at which calls are or may be received from prospective passengers for hire and from which the permit holder or his agents or employees direct the dispatch and return of taxicabs. Sec. 32-1.21. Taximeter. "Taximeter" shall mean any mechanical instrument, appliance, device or machine by which the charge for hire of a motor vehicle is mechanically calculated,whether for distance traveled or time consumed, or both, and on said instrument is indicated by figures. Sec. 32-1.22. Top Light. "Top light" shall mean an electrically operated sign with lights of a color and design approved by the chief of police. ORDINANCE NO. NS-1394 PAGE FOUR Sec. 32-1.23. Total Stoppage. "Total stoppage" shall mean the complete halting of bus trans- portation service furnished within the City of Santa Ana re- sulting from any cause. Sec. 32.1.24. Vehicle for Hire. "Vehicle for hire" shall mean any motorbus, taxicab, jitney or other motor vehicle offered in the City of Santa Ana for the transportation of passengers for compensation or used or engaged in the soliciting or pickup of passengers for hire in the City of Santa Ana, exclusive of any vehicle for which a certificate of public convenience is needed and has been granted by the public utilities commission of the State of California. "Vehicle for hire" shall not mean an ambulance, ambulette or other vehicle equipped or previously used for transporting the wounded, injured, sick, handicapped or deceased. Sec. 32-1.25. Waiting Time. "Waiting time" shall mean the time when a 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, except that 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 event shall any time be considered as waiting time for any period prior to the time of arrival designated by the prospective passenger when requesting a taxicab. Sec. 32-2. Permit and Certificate Applications. (a) An application for a vehicle for hire permit for the operation of a taxicab business shall be filed with the chief of police, shall be verified under penalty of perjury, shall be accompanied by a receipt from the director of finance showing the payment of a nonrefundable fee as established by resolution of the city council, and shall contain or be accompanied by the information and documentation specified in sections 32-2.1 through 32-2.20. (b) An application for a certificate of public convenience and necessity shall be filed with the clerk of the council, shall be verified under penalty of perjury, shall be accompanied by a receipt from the director of finance showing the payment of a nonrefundable fee as established by resolution of the city council, and shall contain or be accompanied by the information and documentation specified in sections 32-2.1 through 32-2.20. Sec. 32-2.1. Same - Identification Data. The application shall contain the following: the name, age, residence, and business address, driver's license number, and present occupation of the person applying for such permit. If the applicant is a partnership or association, the names, ages, residence addresses, drivers' license numbers, and occupations of all associates or partners shall be given; and if the applicant is a corporation, the names, ages, resi- dence addresses, drivers' license numbers, and occupations of all officers shall be given. Sec. 32-2.2. Same - Financial Data. The application shall include the following statements from each applicant, or, if an applicant is a partnership or other unincorporated association, from each person or corporation which is financially interested in the business: ORDINANCE NO. NS- 1394 PAGE FIVE (a) A financial statement prepared by a certified public accountant; and (b) A statement as to whether the applicant, person or corporation has any unpaid judgments standing against him, and if so, the nature of the acts or transactions giving rise to each such judgment, the court in which it was rendered, and the amount of any unpaid or unbonded judgment; and (c) A statement of any bankruptcies, either personal or business, including the number, court and date of discharge. Sec. 32-2.3. Same - Previous Experience Data. The application shall state the experience of the applicant, both in the City of Santa Ana and elsewhere, in the operation of taxicabs, ambulances, or other common carriers for the transportation of passengers. Sec. 32-2.4. Same - Vehicle Data. The application shall state 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 the passenger capacity of such vehicles. Sec. 32-2.5. Same - Vehicle Descriptive Data. The application shall contain a description of the proposed color scheme, insignia, trade, style and any other distinguish- ing characteristics of the proposed design to be used to designate applicant's vehicle. Sec. 32-2.6. Same - Previous Criminal Record Data. The application shall contain a statement of whether the applicant, or, if the applicant is a firm, partnership, association or corporation, whether any of its members, officers or directors, has, at any time within five (5) years prior to the date of such application, been convicted or pleaded nolo contendere or guilty to any crime, felony or misdemeanor, and, if so, the date, nature of the offense and the court in which such charge was made, conviction was obtained or plea of nolo contendere or guilty was entered, and the dis- position of the case and imposition of sentence and its terms. Sec. 32-2.7. Same - Business Location. The application shall state the place or places within the City of Santa Ana, or elsewhere, where the applicant proposes to establish his office and from which he proposes to operate. Sec. 32-2.8. Same - Vehicle Encumbrances. The application shall contain a statement of whether there are any liens, mortgages or other encumbrances, including but not limited to conditional sales contracts, on such vehicle and,if so, the amount and character thereof and the name(s) of the holder(s) thereof. ORDINANCE NO. NS- 1394 PAGE SIX Sec. 32-2.9 Same - Previous Licensing Data. The application shall contain a statement of whether or not said applicant has ever had any permit or franchise issued to him that has been suspended or revoked, and, if so, the circumstances of such suspension or revocation, whether in the City of Santa Ana or elsewhere. Sec. 32-2.10. Same - Insurance The application shall include 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. Sec. 32-2.11. Same - Proof of Safety Inspection The applicant shall include with the application, as to each vehicle for which such application is made, a passenger vehicle inspection check list from the California Highway Patrol, Santa Ana Police Department, or Orange County Sheriff, indicat- ing that each such vehicle has been inspected within the previous six (6) months and is in safe operating condition. If no such check list was issued by the inspecting authority, the applicant shall so state in the application and shall state the time and place of the inspection and whether each such vehicle has an unexpired safety inspection sticker pursuant to section 32-32. Sec. 32-2.12. Same - Location of Vehicles. The application shall include a statement that no vehicle shall be kept garaged, serviced, maintained or repaired on any premises where the zoning provisions of the Santa Ana Municipal Code do not permit the same. Sec. 32-2.13. Same - Ownership Data. The application shall include a statement listing the registered and legal owner of said vehicles and the addresses of either registered and/or legal owner or owners. Sec. 32-2.14. Same - Corporation Data. If the applicant is a corporation, the application shall be accompanied by copies of the articles of incorporation and the bylaws and of any permits or notifications for the issuance of shares filed with or issued by the commissioner of corporations. Sec. 32-2.15. Same - Additional Information. The application shall contain or be accompanied by such other information as the city may deem necessary in all applications or in individual applications for the proper protection of the public. Sec. 32-2.16. Taxicab Permit - Telephone Maintenance. Where the vehicle for hire permit application is for the operation of a taxicab business, it shall be accompanied by an agreement whereby applicant agrees that he will maintain on the premises ORDINANCE NO. NS-1394 PAGE SEVEN of his principal place of business, in operating order at all times, one telephone line for every eight (8) taxicabs for which a permit 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. Sec. 32-2.17. Taxicab Permit - Taximeter Data. If the application is for a permit to operate a taxicab busi- ness, the application shall state the make and type of taxi- meter intended to be installed on each taxicab for which such application is made. Sec. 32-2.18. Same - Schedule of Rates The taxicab permit application shall include a schedule of rates proposed to be charged. Sec. 32-2.19. Taxicab Permit - Number of Taxicabs. (a) Ail applications for a vehicle for hire permit for the operation of a taxicab business shall be accompanied by an agreement that in the event the application is granted, the applicant will keep in operation at all times at least eight (8) taxicabs. (b) If, any time after a permit is granted to an owner of a taxicab business, said business has less than eight (8) taxicabs permitted to operate in the City of Santa Ana, the permittee shall have thirty (30) days after written notice in which to bring the number of taxicabs permitted in said city up to eight (8) taxicabs. If, after thirty (30) day period, said permittee does not have the required number of taxicabs, his permit shall automatically be suspended. Sec. 32-2.20. Statement of Public Convenience and Necessity. If the application is for a certificate of public convenience and necessity, the applicant shall state the facts which the applicant believes tend to establish that public convenience and necessity require the granting of the certificate. Sec. 32-2.21 Taxicab Permit - Issuance Upon receipt of the application for a vehicle for hire permit for the operation of a taxicab business, the chief of police shall have a reasonable time to investigate the application and background of the applicant. The chief of police shall grant the permit if he finds: (a) The applicant is financially responsible and otherwise able to provide the service. The term "financially responsible" shall mean that the applicant demonstrates a net worth, in accord- ance with generally accepted accounting principals consistently applied, of one thousand three hundred dollars ($1,300.00) per taxicab. ORDINANCE NO. NS-i394 PAGE SEVEN - A (b) The application conforms in all respects with the provisions of this chapter. (c) The applicant and any officers of appli- cant are of good moral character and are likely to provide taxicab services in a satisfactory manner. In making such determination, the chief of police shall consider whether any such person: (1) Has previously provided satisfactory taxi services, (2) Has committed any act which, if com- mitted by any permittee, would be grounds for the revocation of a permit issued pursuant to this chapter, (3) Has committed any act involving dis- honesty, fraud or deceit with the intent to injure another or benefit himself or another, (4) Has previously violated the terms of this chapter, (5) Has been convicted of a felony or a crime involving moral turpitude, (6) Has knowingly made a false statement of fact in such application. (d) In determining the effect of the above acts or convictions, the chief of police shall consider whether they are or reasonably may be related to the activities of a taxicab service and shall evaluate the rehabilitation of such person. (e) In the event of denial, the applicant shall be informed in writing of the reasons therefor and of his right to appeal such denial pursuant to chapter 3 of this code. Sec. 32-3. 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 vehicle for hire or ambulance 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 vehicle for hire or ambulance 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. 12/21/77 ORDINANCE NO. NS-1394 PAGE EIGHT Sec. 32-3.1. 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 or person by law for injury to, or death of any person, or damage to property growing out of the maintenance, operation or ownership of any vehicle for hire or ambulance, in the amount of three hundred thousand dollars ($300,000.00) combined single limit; or 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 sustained in the same accident and in the amount of one hundred thousand dollars ($100,000.00) for property damage resulting from any one accident, and providing passenger medical payment coverage with limits of liability of one thousand dollars ($1,000.00) for each person. Sec. 32-3.2. Same - Compliance Ail motor vehicle liability policies shall be subject to the approval of the city attorney in respect to any and all matters and if at any time, said motor vehicle liability policies are not sufficient for any cause, the city manager may require the owner of such vehicle for hire or ambulance to immediately cease all operations of business due to noncompliance. If said owner fails to replace said motor vehicle policies within ten (10) days with good and sufficient policies as aforesaid, then at the termination of said period the owner's permit or certificate issued hereunder shall be by such failure auto- matically suspended until such time as said requirement is complied with, and the chief of police shall enforce such suspension. Such policy or policies of insurance shall be presented to the city attorney and approved by him as to form. Sec. 32-3.3. Bond in Lieu of Liability Policy. Subject to the approval of the city attorney and the city manager the owner of any vehicle for hire or ambulance, operated under the provisions of this chapter, may file a bond of a responsible and solvent corporation authorized to issue such bonds under the laws of the State of California, containing the conditions and giving the protection required in the vehicle for hire or ambulance liability policy required by this chapter in lieu of either all or any part of the insurance coverage required. In the event of the filing of a bond under the provisions of this section, the applicable provisions of this chapter shall govern the furnishing of said bond and the owner filing it. Sec. 32-3.4. Same - Policy Endorsement. Every policy and every certificate of motor vehicle liability insurance filed pursuant to the provisions of this chapter shall contain the following endorsements: ORDINANCE NO. N$-1394 PAGE EIGHT -A (1) It is hereby understood and agreed that, notwithstanding expressions inconsistent with or contrary thereto in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of Chapter 32 of the Santa Ana Municipal Code. This policy shall inure to, and be for the benefit and pro- tection of, anyone who shall sustain any damages or injury, or to the heirs, personal representa- tives, 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. (2) This is a continuing liability up to the full amount hereof, notwithstanding any action or recovery thereon. (3) No cancellation or reduction in coverage of this policy for any reason whatsoever shall become 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 running from the date said notice is actually received in the office of the clerk of the council. Ir ORDINANCE NO. NS-1394 PAGE NINE Sec. 32-4. License - Tax to be paid. It shall be unlawful for any owner to drive or operate or cause or permit to be driven or operated any vehicle for hire or ambulance, on any street of the City of Santa Ana until he has complied with all provisions set forth in this Chapter and has paid the business license tax for the current calendar year, as provided in Chapter 21 of this Code. The annual tax for a vehicle for hire shall be in the amount provided in Chapter 21 of this Code; provided that, when a business license tax has already been paid on a vehicle for hire and the vehicle is within the year replaced by another vehicle, the unexpired portion of the license tax paid on the vehicle so replaced shall be credited to the license tax payable for the substitute vehicle for hire. For the purposes hereof, the unexpired portion of the license tax paid on the vehicle for hire which has been replaced shall be that portion of the annual tax which is equal to one-twelfth (1/12) of said tax multiplied by the number of full months remaining during the current licensing year. Whenever a vehicle licensed as a vehicle for hire by the provisions of this chapter is replaced by another vehicle for hire, a transfer fee as established by resolution of the city council, in addition to the license tax, shall be paid by the owner of the vehicle. The previously issued vehicle permit or device shall be surrendered at the time the transfer is made. Sec. 32.5. License - Vehicle Permit. No permit or certificate holder shall operate, or cause or permit to be operated, any motor vehicle required to be licensed under the provisions of this chapter unless the same shall have attached thereto, in a conspicuous place in the lower left hand corner of the rear window, a permit issued by the director of finance or his designated agent. Sec. 32-6. License - Record of Vehicle Permits. The director of finance 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. The director of finance shall likewise maintain a list of each such permit issued, classified by the name of the holder of the permit and by the year in which the license fee is paid. A copy of such listing, or portion thereof, certified as correct by the director of finance, shall be made available upon request to the city council or to any hearing officer or interested party at any hearing upon the suspension or revocation of any permit. Sec. 32-7. Affixing of Vehicle Permit and Device Evidencing Permit. The director of finance or his designated agent shall, affix a vehicle permit to the vehicle for hire or ambulance, in the lower left hand corner of the rear window, provided, however, that he shall not affix such permit to any vehicle which does not have an unexpired sticker affixed to it by the California Highway Patrol, Santa Ana Police or Orange County Sheriff, evidencing that the vehicle has passed a safety inspection. ORDINANCE NO. NS-~9~ PAGE TEN Sec. 32-8. Driver's Permit - Required. No driver, owner, dispatcher, or operator of a vehicle 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 for hire over any street of this city for the purpose of transporting a passenger, or passengers, regardless of whether such operation extends beyond the boundary limits of the City of Santa Ana, nor shall any person solicit, induce, persuade, invite or procure such trans- portation 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 pro- visions 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 Ana or to another destination outside the City of Santa Ana; provided that no such driver shall, without such permit, solicit or accept a passenger or passengers, from within the City of Santa Ana for transportation to any destination whatsoever. (2) A driver of a vehicle being operated by any public agency. (3) A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institution. (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. Sec. 32-8.1. Same - Application and Fee. (a) Prior to January 1st of each year, an application for a driver's permit shall be filed with the traffic division of the police department on forms provided by the police department. Each application shall be accompanied by a receipt from the treasury division of the finance department showing the payment of a nonrefundable fee as established by resolution of the city council. Drivers' permits issued upon approval of applications shall remain in force for a period of one year from the date of issue. Renewal, replacement, and duplicate drivers' permits shall cost an additional fee as established by resolution of the city council. Drivers' permit applications (including renewal, replacement, and duplicate applications) shall include the following information: ORDINANCE NO. NS-1394 PAGE ELEVEN (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) Complexion, color of eyes and hair; (3) Whether he has ever been convicted or pleaded guilty or nolo contendere to any crime, felony or misdemeanor, and, if so, the date, nature of the offense and the court in which such charge was made, conviction was obtained or plea of guilty or nolo contendere was entered; (4) The kind and number of his California driver's or chauffeur's license and restrictions thereon, if any, and whether any license to drive has ever been suspended or refused 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, fainting spells, or been addicted to the use of alcohol, narcotics, or other form of dangerous drugs. (7) Whether he has 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. (b) No driver's permit shall be issued to any person: (1) Who is under the age of eighteen (18); (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 dangerous 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) Who has willfully furnished false information on his application or omitted to furnish all information requested on said appli- cation forms; (7) Who has been convicted for driving while under 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. ORDINANCE NO. NS-1394 PAGE TWELVE Sec. 32-8.2. Same - Photographs Each applicant for a driver's permit shall also file with his application two (2) acceptable photographs taken within a peri- od-of not mor~?~h~thirty (30) days, and of a size one and one-half (1-1/2) inches by two (2) inches, 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 Aha Police Department, and a record check made, cost of the foregoing to be borne by the applicant. Sec. 32-9. Driver's Permit - Display (a) No driver, owner or operator of a vehicle 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 conspicuous from the passenger's compartment while said driver is operating any vehicle for hire. for (b) The permittee shall present his permit for examination upon demand of any official enforcing the provisions of this chapter. Sec. 32-10. Permits - Suspension or Revocation. The city manager, or his designated representative, shall have the power to suspend or revoke any driver's permit issued here- under 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 nonissuance 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 his application 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 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 revoca- tion of such permit. No driver whose permit has been revoked shall, for one year thereafter, be granted a driver's permit to operate any vehicle for hire on any street of the City of Santa Ana, except on the presentation of reasons satisfactory to the city manager. ORDINANCE NO. NS- 1594 PAGE THIRTEEN The city manager may require any holder of a driver's permit to submit to a physical examination to determine his fitness to operate a vehicle for hire and should the physician's report disclose that the permittee is either physically, mentally, or emotionally unfit to operate a vehicle for hire, then such 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 in the man~ ner provided in this chapter. Sec. 32-11. Driver's Permit - Appeal from Denial, Suspension or Revocation. Any applicant who is refused a driver's permit, or any driver whose permit has been suspended or revoked for more than ten (10) days may appeal such action pursuant to the Uniform Hear- ing and Appeal Procedure as set forth in Chapter 3 of this Code. Sec. 32-12. Driver's Permit - Non Transferable. Driver's permits are not transferable. However, it shall be lawful for the holder of such driver's permit to use the same permit if he changes employment from one holder of a vehicle for hire permit to another such holder. Sec. 32-13. Driver's Permit - False Statements. Any false statement or misrepresentation made by an applicant for the purpose of securing a driver's permit, or renewal there- of, shall be deemed good and sufficient cause for refusal to grant, or if granted, for revocation of such permit. Any person who knowingly or fraudulently shall make, forge, alter, or counterfeit any driver's permit, vehicle for hire permit, or certificate of convenience and necessity, or who shall knowingly have in his possession or shall pass, use, or tender any such instrument to any other person, shall be deemed guilty of a misdemeanor. Sec. 32-14. Employment of Qualified Drivers. Every holder of a vehicle for hire permit or certificate of convenience and necessity in the City of Santa Ana shall employ as drivers only persons who are physically, mentally and emo- tionally fit and able to perform such duties. It shall be the responsibility of the holder to select and employ drivers who are familiar with the streets and addresses in the City of Santa Ana. No holder shall 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 a misdemeanor for any holder of a vehicle for hire permit 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 permit of such holder. ORDINANCE NO. NS-1394 PAGE FOURTEEN Sec. 32-15. Records and Reports - Required of Holders. Every holder of a vehicle for hire permit or certificate of convenience and necessity issued under the provisions of this chapter shall establish, keep and maintain a system of records of such business and its operations. Vehicle for hire permit holders shall maintain a log of complaints agains~ Such holder and shall enter the name, address and telephone number of the complainant and the substance of every complaint received by such holder. Sec. 32-15.1. Same - Periodic Examinations. Accurate records of receipts from operations, operating and other expenses, capital expenditures and such other operating information as may be required by the director of finance shall be kept and maintained. Every holder of a permit or certificate shall maintain the records contain- ing such information and other data required by this chapter at a place readily accessible for examination at all reasonable times by the director of finance or other authorized representa- tives of the City of Santa Ana having a legitimate and official interest in the enforcement and administration of the provisions set forth in this chapter. Sec. 32-15.2. Same - Monthly Reports. Each holder of a vehicle for hire permit, not later than the 15th day of each month, shall, upon request of the director of finance, file verified reports showing all receipts for all operations during the calendar month, or larger period of time as said director may specify, next preceding the month of report in connection with such service for which a permit 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. Sec. 32-15.3. Same - Annual Reports. Every holder of a vehicle for hire permit or certificate of convenience and necessity shall submit to the director of finance upon 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 the fiscal year operations, or if found more convenient by both the city and the holder, such reports may be on the basis of the calendar year of operations. Sec. 32-15.4. Same - Equipment, Employees and Insurance Policies. Every holder of a permit or certificate shall keep complete records of all automotive and other equipment, employees, including drivers, and records of insurance policies required by this chapter as well as a record of all claims made and judgments entered against such holder. ORDINANCE NO. NS- 1394 PAGE FIFTEEN Sec. 32-15.5. Same - Daily Trip Sheets. Every driver of a vehicle for hire or ambulance shall maintain a daily trip sheet. Sec. 32-15.6. Same - Availability for Examination. Ail records and reports, trip sheets, and other data pre- scribed to be maaintained and kept under this chapter shall be preserved by the holder of the permit or certificate in a safe place for at least one year after date of the instrument, and all such records shall be available for examination and inspection at all reasonable times by the director of finance, 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 the holder, including, but not limited to, names, and addresses of all partners, shareholders, officers and directors, corporate papers and permits, minutes books, and lists of shareholders. Sec. 32-15.7. Same - Employment. Each holder of a vehicle for hire permit or certificate of 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, addresses, and dates of the beginning and termination of employment of said drivers, each vehicle in which each such employee was working, and the hours during which each such driver attendant 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 made available to the director of finance, chief of police, fire chief, or city manager, or their delegates, at any time upon demand, and shall not be destroyed without permission of such officials. Sec. 32-16. Evidence of Mechanical Equipment. (a) Following the issuance of a permit, the holder shall cause each vehicle to which the permit applies and which is in operating condition to be inspected pursuant to this chapter as often as necessary to have an unexpired safety inspection sticker continuously affixed to the vehicle. (b) The chief of police or fire chief, whenever he has reason to believe that a vehicle to which a permit applies is in an unsafe operating condition, whether or not such vehicle has affixed to it an unexpired safety inspection sticker, may by written notice to the holder of the permit, require such holder to remove the vehicle from use in the business until such time as the vehicle has passed a new safety inspection. (c) The chief of police or fire chief, as the case may be, may also cause each vehicle to which the permit applies to be inspected to insure compliance with this code. Sec. 32-16.1. Same - Enforcement. ORDINANCE NO. NS-1394 PAGE SIXTEEN (a) It shall be a misdemeanor for any person to pick up or permit any other person to pick up, a passenger for hire within the City of Santa Ana in any vehicle for hire or ambulance which does not have affixed to it an unexpired safety inspection sticker evidencing that it has been inspected by the California Highway Patrol, Santa Ana Police Department or Orange County Sheriff, and found to be in safe operating condition. (b) The chief of police or fire chief shall have the power to revoke or suspend a permit if the holder is found guilty of violating subsection (a) of this section, or if the holder fails to comply with the provisions of section 32-16 of the Santa Ana Municipal Code after being given ten (10) days written notice to so comply. Sec. 32-16.2. Same - Necessary Equipment No vehicle shall be licensed hereunder or used as vehicle for hire unless it shall at all times have the following equipment, unless otherwise waived for good reason by the chief of police: (a) A 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. (d) Two (2) independently acting braking systems, either one of which shall be capable of stopping the vehicle without load at a distance of thirty-seven (37) feet when operating on level, dry, asphalt street at a speed of twenty (20) miles per hour. (e) Ail glass in windshield, windows, and doors of safety or shatterproof glass. Sec. 32-17. Mechanical Condition - Inspection. (a) A vehicle inspection in satisfaction of the requirements of section 32-16 shall be an examination of a vehicle to determine that its equipment, including the lights, brakes, tires and mechanical parts, and any other parts as deemed appropriate by the inspecting authority are in good state of repair and free from obvious defects, and to determine that the vehicle will not be dangerously defective in operation. (b) Each vehicle passing such an inspection shall have affixed by the inspecting agency a sticker evidencing that the vehicle has been found to be in a safe operating condition and disclosing the expiration date of the sticker. Such expiration date shall be determined by uniform procedure established by the inspecting authority and shall conform to one of the following standards: (1) It shall be a date six (6) months subsequent to the date of inspection; or ORDINANCE NO. NS-1394 PAGE SEVENTEEN (2) It shall be a date applicable to all vehicles inspected within a period beginning eight (8) months prior to the expiration date and ending two (2) months prior thereto. Sec. 32-18. Registration of Vehicles. Ail motor vehicles operated as vehicles for hire or ambulances within the City of Santa Ana 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 com- mercial vehicles shall apply, all such vehicles shall be licensed before being used as vehicles for hire. Ail vehicles operated as vehicles for hire or ambulances shall be registered under the name of the holder of the permit or certificate. Sec. 32-19. Permit or Certificate Transfer. An application for permit or certificate transfer shall be filed in the same manner and in accordance with section 32-2. A transfer of a certificate of public convenience and neces- sity shall require city council's approval, and permit trans- fers shall require approval as if such were a new application. No permit or certificate may be sold, assigned, mortgaged, leased, or otherwise transferred, nor shall the majority of any shares of any stock in any corporation holding any permit or certificate be sold, assigned, transferred or hypothecated without comply- ing with the provisions of this section. Violation of this section shall constitute grounds for revocation of the permit or certificate. Sec. 32-20. Summary suspension of permit pending opportunity for hearing; misdemeanor to continue after suspension; revocation. (a) Whenever it appears to the city manager that the holder of the permit or certificate 1) has violated any of the pro- visions of this chapter, or of any rules and regulations adopted pursuant thereto; or 2) discontinues operations for more than thirty (30) days; or 3) violates any ordinance of the City or statute of the State of California or the United States, which violation indicates the unfitness or indifference of the holder to offer safe and adequate public transportation or ambulance service, or would constitute grounds for the denial of the permit or certificate; or 4) commits any act which would have been grounds for the denial of the permit or certificate, the city manager shall have the authority to summarily suspend the permit or certificate and order the holder to immediately cease and desist any further operation of said vehicles(s). (b) Any person who continues to operate a vehicle or ambulance after any summary suspension thereof, under subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in jail for a period not exceeding six (6) months, or by such fine and imprisonment. (c) The order issued under subsection (a) of this section shall also notify the holder that he shall have five (5) days from the date of such order to request a hearing before the officer who signed such order to determine whether such permit or certificate shall be revoked. Failure to request, in writing, such hearing before the city manager within said five (5) day period, shall result in revocation of the permit or certificate. ORDINANCE N0. NS- 1394 PAGE EIGHTEEN (d) Upon such request by the holder whose permit or certificate has been suspended under subsection (a) of this section for a hearing to determine whether such permit or certificate shall be revoked, the city manager shall provide such hearing within ten (10) days after receipt of such request, at which hearing the suspended holder may appear before the city manager or his delegate for the purpose of presenting evidence why the permit or certificate should not be revoked. No permit or certificate shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to said suspended holder at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation. Sec. 32-21. Revocation - Alternative Procedure. Whenever it appears to the city manager that grounds for summary suspension pursuant to Section 32-20 exist., but no summary suspension is ordered, the permit or certificate may be suspended or revoked, provided however, the holder may appear before the city manager or his delegate at the time fixed by said official, for the purpose of presenting evidence why the permit or certificate should not be suspended or re- voked. No permit or certificate shall be suspended or revoked under this section unless written notice shall have first been given at least five (5) days before a hearing thereof by depositing in the United States mail a notice directed to said holder at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis for the revocation or suspension. Sec. 32-22. Appeal. (a) Any holder of a permit or certificate issued under this chapter who is aggrieved by the decision of the city manager to revoke said permit or certificate or to suspend said permit or certificate for a period of time in excess of thirty (30) days may appeal such decision as provided in chapter 3 of this Code. (b) The decision of the city manager to suspend a permit or certificate issued under this chapter for a period of time less than thirty (30) days shall be final, and no appeal may be taken therefrom. Sec. 32-23. Surrender. Permits or certificates which have been suspended or revoked by the city manager or his delegate shall, forthwith, be surrendered to the city manager or his delegate, and the operation of any vehicle for hire or ambulance covered by such permit shall cease. Sec. 32-24. Refusal of Service. No owner or driver of any vehicle for hire or ambulance, licensed under authority of this chapter shall fail or refuse, when in service and not engaged for hire, to trans- port to his announced destination at rates authorized in this chapter any person who presents himself for carriage in a sober and orderly manner and for a lawful purpose. ORDINANCE NO. NS- 1394 PAGE EIGHTEEN (d) Upon such request by the holder whose permit or certificate has been suspended under subsection (a) of this section for a hearing to determine whether such permit or certificate shall be revoked, the city manager shall provide such hearing within ten (10) days after receipt of such request, at which hearing the suspended holder may appear before the city manager or his delegate for the purpose of presenting evidence why the permit or certificate should not be revoked. No permit or certificate shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to said suspended holder at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation. Sec. 32-21. Revocation - Alternative Procedure. Whenever it appears to the city manager that grounds for summary suspension pursuant to Section 32-20 exist~ but no summary suspension is ordered, the permit or certificate may be suspended or revoked, provided however, the holder may appear before the city manager or his delegate at the time fixed by said official, for the purpose of presenting evidence why the permit or certificate should not be suspended or re- voked. No permit or certificate shall be suspended or revoked under this section unless written notice shall have first been given at least five (5) days before a hearing thereof by depositing in the United States mail a notice directed to said holder at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis for the revocation or suspension. Sec. 32-22. Appeal. (a) Any holder of a permit or certificate issued under this chapter who is aggrieved by the decision of the city manager to revoke said permit or certificate or to suspend said permit or certificate for a period of time in excess of thirty (30) days may appeal such decision as provided in chapter 3 of this Code. (b) The decision of the city manager to suspend a permit or certificate issued under this chapter for a period of time less than thirty (30) days shall be final, and no appeal may be taken therefrom. Sec. 32-23. Surrender. Permits or certificates which have been suspended or revoked by the city manager or his delegate shall, forthwith, be surrendered to the city manager or his delegate, and the operation of any vehicle for hire or ambulance covered by such permit shall cease. Sec. 32-24. Refusal of Service. No owner or driver of any vehicle for hire or ambulance, licensed under authority of this chapter shall fail or refuse, when in service and not engaged for hire, to trans- port to his announced destination at rates authorized in this chapter any person who presents himself for carriage in a sober and orderly manner and for a lawful purpose. ORDINANCE NO. NS- 1394 PAGE NINETEEN Sec. 32-25. Penalty for Violation. Any person, partnership, corporation, firm, registered owner, or holder of a permit or 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 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 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. ARTICLE II. TAXICABS Sec. 32-30. Permit Requirements. (a) No person shall engage in the business of owning or operating a vehicle for hire within the City without first obtaining a permit from the City for the operation of such business as well as a permit for each vehicle used in such business. (b) No person shall pick up any passenger(s) for hire in the City in a vehicle for hire unless that vehicle has been affixed with the appropriate stickers and device evidenc- ing that it is authorized to operate within the City as a vehicle for hire. (c) No person shall solicit any passenger(s) for hire in the City in a vehicle for hire unless that vehicle has been affixed with the appropriate stickers and device evidencing that it is authorized to operate within the City as a vehicle for hire. (d) Three (3) or more violations of subsection (a) of this section within any twelve (12) month period by a permit holder shall constitute grounds for revocation of such holder's permit pursuant to section 32-20. For the purpose of such revocation proceedings, a presumption is created that any person convicted of or pleading guilty or nolo contendere to any violation of subsections (a), (b), or (c) of this section, who was using a vehicle during such violation which at the time of the vio- lation was registered to, or owned or controlled by, a permit holder is deemed to have been acting with the permission of such permit holder. Sec. 32-31. Identification - Color Scheme. Ail vehicles of a holder of a permit shall be painted in accordance with a 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. Subsequent to approval of the color scheme and a monogram or insignia by the chief of police, the holder shall furnish to the chief of police an eight (8) inch by ten (10) inch color photograph of a completely equipped vehicle for each approved color scheme and monogram or insignia. The color scheme adopted by any holder of a permit shall not be used by any other holder. No change whatever in the color scheme or distinguishing char- acteristics of any vehicle shall be made without written per- mission from the chief of police. ORDINANCE NO. NS- 1394 PAGE TWENTY Sec. 32-31.1. Same - Name, Lettering and Designs. The name of the holder of the permit 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 Ana, 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 locations acceptable to the chief of police. All required lettering shall be not less than three and one-half (3-1/2) inches in height and not less than one-half (1/2) inch stroke. There may also be placed an identifying design of such holder's business as approved by the chief of police. All lettering and designs shall be in colors contrasting the color of the vehicle so that the lettering and designs shall be clear and legible. All 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 permit 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 operation in the the City of Santa Ana under the terms of this chapter. Sec. 32-31.2. Same - Disqualification 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 but not limited to, cruising lights, shall be removed immediately from such vehicle, and any person failing to remove the same after disqualification shall be guilty of a misdemeanor. Sec. 32-31.3. Same - Imitations Prohibited. No vehicle operating under the terms of this chapter shall bear a color scheme, identifying design, monogram 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 permit in such a manner as to be misleading or tend to deceive or defraud the public Sec. 32-31.4. Rates to be Filed. Every holder of a vehicle for hire permit shall file br cause to be filed with the chief of police a true and correct statement of the rates to be charged for the transportation of passengers in any and all vehicles for hire operated by said holder, and such holder shall not change or modify said rates in any manner unless he shall have first filed with and received the written permission of the chief of police to do so. Sec. 32-31.5. Same Overcharges. Any charge made, or sought to be made, to any patron of any vehicle for hire 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 ORDINANCE NO. NS- 1394 PAGE TWENTY-ONE of any vehicle for hire to make proper returns to his employer, shall result in immediate suspension of the driver's permit until such time as such permit is either reinstated or revoked. Sec. 32-31.6. Same - Restitution. The person or the employer of a person , responsible for any charge, other than that authorized by this chapter, shall be required to make restitution jointly and severally to any overcharged patron for the amount of the overcharge. Sec. 32-32. Solicitation of fares; taxicab stands. 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, No taxicab driver, or other person, shall solicit patronage in the terminal of any common carrier, or in the street within one hundred (100) feet of such terminal, or at any regular pickup point of any other common carrier without written per- mission from the person operating such terminal or from such common carrier. No fixed taxicab stands shall be provided upon the streets of the city. Sec. 32-33. Transporting Persons for Purpose of Prostitution, etc. It shall be unlawful for any driver of a taxicab knowingly to transport any passenger to the abode of a prostitute, or knowingly to transport any criminal, narcotic peddler, prostitute or boot-legger in the commission 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. Sec. 32-34. Taximeter - Operation. No holder of a permit shall operate, drive, cause or permit to be driven or operated any taxicab in the City of Santa Aha unless and until the taximeter for such taxicab 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 transportation of passengers, regardless of the point of destination. Sec. 32-34.1. 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 passenger riding in any such taxicab. ORDINANCE NO. NS- 1594 PAGE TWENTY-TWO Sec. 32-34.2. Same - Inspection. Every taximeter used in the operation of taxicabs shall be subject to inspection at any time by the director of finance, any of his agents or employees or other appropriate state or county authority. 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. Sec. 32-34.3. 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 taximeter to a position indicating said vehicle is unemployed at the termination of each and every service. Sec. 32-34.4. 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. Sec. 32-34.5. 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 therefor 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. Sec. 32-34.6. Same - Charges Must Be Indicated. Ail charges for transportation of passengers in taxicabs 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. Sec. 32-34.7. Same - Rates to be Displayed in Vehicle. Every taxicab shall have conspicuously 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 business 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 shall give the number of his vehicle on the inquiry of any person. 12/21/77 ORDINANCE NO. NS-1394 PAGE TWENTY-THREE Sec. 32-34.8. Same - Deduction for Time While Disabled. In the event any taxicab or vehicle for hire shall, while under employment, become disabled, or break down without fault of the passenger, the time of stoppage shall be de- ducted from the charge made. Sec. 32-35. Top Light Indicating Occupancy of Taxicab Required. On top of every taxicab, there shall be an electric light sign, or top light, which shall be illuminated when the taxi- meter flag is in "vacant" or nonearning 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. Sec. 32-36. 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, merchandise or other property left in the taxicab. If the owner is not known, the driver shall deliver to the holder of the permit, im- mediately upon the driver's return to the terminal, any property whatsoever left in his taxicab and specify the circumstances relating thereto. Sec. 32-37. Duty of Holder of Permit to Produce Vehicle for Inspection; Testing and Sealing of Taximeter; Cost of Test and Inspection to be Borne by Holder. It shall be the duty of every holder to have any and all taxi- cabs operated by him at any designated place and at such reasonable times as may be specified by any appropriate regu- latory authority 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 taximeters tested and sealed in accordance with the provisions of law. The cost of any tests and examinations shall be borne by the holder of the permit. Sec. 32-38. 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 within the City of Santa Ana subject to the following: (1) Fares shall be no more than an amount established by resolution of the city council. (2) Taxicab operators may operate the taxicab as a jitney only along the existing bus routes. (3) There shall be two (2) placards, reading "jitney" and displaying the price per passenger as established by resolution of the City Council, one of which shall be visible by potential passengers and the other fixed to the right hand visor facing the passengers riding therein. ORDINANCE NO. NS- 1394 PAGE TWENTY-FOUR Sec. 32-39. Reserved. Sec. 32-40. Rules and Regulations. The chief of police shall issue from time to time as he deems necessary, rules and regulations to implement the pro- visions of this article. Such rules and regulations shall have the force of law, and the failure to obey same shall be considered a violation of the provisions of this chapter. ARTICLE III. AMBULANCES Sec. 32-60. Certificate and Permit Requirements. (a) No person shall engage in the business of owning or operating an ambulance or ambulances within the City without first obtaining a certificate of convenience and necessity from the City for the operation of such business as well as a permit, and appropriate stickers and device affixed to each ambulance certifying that it is authorized to operate within the City as an ambulance. This section shall not be construed to require a certificate of convenience and necessity to operate an ambulett~ or ambulettes. The word "ambulette" shall mean any privately owned vehicle equipped or primarily used for transporting handicapped persons for non-emergency purposes. (b) No person shall pick up any passenger(s) for hire in the City in an ambulance unless that vehicle has been affixed with the appropriate stickers and device evidencing that it is authorized to operate within the City as an ambulance. (c) No person shall dispatch any ambulance to pick up passenger(s) for hire in the City unless the ambulance dis- patched has been affixed with the appropriate stickers and device evidencing that it is authorized to operate within the City as an ambulance. (d) Three (3) or more violations of subsection (a) of this section within any twelve (12) month period by a certificate holder shall constitute grounds for revocation of such holder's certificate pursuant to Section 32-20. For the purpose of such revocation proceedings, a presumption is created that any person convicted of or pleading guilty or nolo contendere to any violation of subsections (a), (b), or (c) of this section, who was using an ambulance during such violation which at the time of the violation was registered to, or owned or controlled by, a certificate holder is deemed to have been acting with the permission of such certificate holder. Sec. 32-61. Absence of Public Convenience and Necessity. Before any certificate of public convenience and necessity to operate an ambulance in the City of Santa Ana may be granted by the city council, a public hearing shall be held to de- termine 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 shall be granted by the city council. ORDINANCE NO. NS- 1394 PAGE TWENTY-FIVE Sec. 32-62. Same - Notice of hearing and appointment of hear- ing 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 (2) 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 the same business in the city, at least ten (10) days prior thereto, by either causing a copy of such notice to be de- livered to the applicant(s) and above described persons per- sonally or by mailing a copy thereof by certified or registered mail addressed to the applicant(s) at the address or addresses shown in the application and to all other persons at their last known address. Notice shall be given to the public by publica- tion 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: Sec · "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 application 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 oppor- tunity to rebut the testimony of all persons testify- ing at this hearing. "You are reminded that pursuant to Section 32-7 of the Santa Ana Municipal Code, the applicant has the burden of proof at this hearing." 32-63. Same - General powers of the hearing officer. The hearing officer may receive and rule on the admissibility 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 con- venience and necessity and then hear the individual applicants on the issue of fitness, etc., in the order of the filing of their applications. Sec. 32-64. 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 con- vincing 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 per- form such transportation of persons and property as proposed in the application. ORDINANCE NO. NS- 1394 PAGE TWENTY - SIX Sec. 32-65. 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: (1) The hearing officer shall first determine whether further service of the type proposed by the appli- cants 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 ambulances already operating in the city. (b) Whether existing ambulances are adequate to meet the public needs. (c) The probable effect of the proposed increase in ambulance numbers on local ambulance conditions. (d) Whether the increased service will result in com- petition that will be adverse to the public interest. (e) The working conditions and wages paid to drivers. (f) The demand of the public for additional service. (g) Whether the present service is inadequate. (2) Thereafter, the hearing officer shall determine whether the applicant is fit and able to perform such ambulance service and to conform 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 financial responsibility, of the applicant and such other relevant facts as he may deem advisable. Sec. 32-66. 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 con- tain a brief summary of the evidence considered and state the officer's findings, conclusions and recommendation. The rec- ommendations shall include whether public convenience and necessity requires additional service, and, if so, whether the applicant is fit and able. The report shall also contain a proposed decision in such form that it may be adopted by the council as its decision in the case. Ail such reports 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 on the date it is filed with the council. Sec. 32-67. 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 raailed to each interested party not less than five (5) days prior to the date fixed, unless it is otherwise stipulated by all parties. ORDINANCE NO. NS- 1394 PAGE TWENTY-SEVEN Sec. 32-68. Same - Exceptions to report. Not later than three (3) days before the date set to consider the report, any party may file written exceptions 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. Sec. 32-69. Same - Disposition by the city council. The city council may adopt, reject or modify the proposed decision in accordance with the standards set forth in this chapter. Sec. 32-70. 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 re- quire 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 trans- portation; and/or not able to conform to the pro- visions of this chapter or rules and safety stand- ards established by the City of Santa Ana. Sec. 32-71. 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 32-65, 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 another hearing officer with or without 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 re- assigned to a hearing officer, he shall prepare a report and proposed decision as provided in section 32-66 hereof, after hearing additional evidence and the new decision shall be considered by the council as provided in section 32-69. Sec. 32-72. 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 appli- cants, it may refer the matter to the hearing officer for re- hearing or hear the matter directly, limiting additional evi- dence to that issue. ORDINANCE NO. NS- 1394 PAGE TWENTY-EIGHT Sec. 32-73. 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 ambulance or ambulances proposed 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 identi- fication of the ambulances proposed to be operated by such applicant with those of another operating in the city. In the event that an application for a certificate of public convenience and necessity 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 a 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. Sec. 32-74. Identification - Color scheme. Ail vehicles of a holder of a certificate shall be painted in accordance with a color scheme approved by the fire chief, and on each vehicle there may be painted a monogram or in- signia for identification purposes that has been similarly approved. Subsequent to approval of the color scheme and a monogram or insignia by the fire chief, the holder shall furnish to the fire chief an eight (8) inch by ten (10) inch color photograph of a completely equipped vehicle for each approved color scheme and monogram or insignia. No change whatever in the color scheme or distinquishing characteristics of any vehicle shall be made without written permission from the fire chief. Sec. 32-75. Same - Name, lettering and designs. The name of the holder of the certificate or the trade name under which he or it does business, shall be displayed on both sides and the rear of each ambulance in letters which contrast sharply with the background. All required lettering shall be not less than four (4) inches in height, of proportionate width, and of such color as to be readily legible during day- light hours. If uppercase letters are not less than four and one-half (4-1/2) inches in height, lowercase letters may be three-fourths (3/4) of the uppercase height. There may also be placed an identifying design of such holder's business as approved by the fire chief. The lettering on all vehicles owned by a subsidiary or operating unit of the holder of a certificate shall be the same wording, same color scheme, same size letters and on the same place or places on each vehicle, as may be approved by the fire chief. It shall be unlawful for any person to affix such signs on any motor vehicle unless such vehicle is qualified for operation in the City of Santa Ana under the terms of this chapter. ORDINANCE NO. NS- 1394 PAGE TWENTY~NINE Sec. 32-75.1. Same - Disqualification of Ambulances. In the event any ambulance is, for any reason, disqualified under the terms and provisions of this chapter from operat~ lng 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 an ambulance, including but not limited to, red lights and siren shall be removed immediately from such vehicle, and any person fail- ing to remove the same after disqualification shall be guilty of a misdemeanor. Sec. 32-75.2. Same - Imitations prohibited. No ambulance operating under the terms of this chapter shall bear a color scheme, identifying design, monogram or insignia which conflicts with or imitates any color scheme, identifying design, monogram or insignia used on the ambulances of any other holder of a certificate in such a manner as to be mis- leading or tend to deceive or defraud the public. Sec. 32-76. Rates to be filed. Every holder of a certificate shall file or cause to be filed with the fire chief a true and correct statement of the rates to be charged for the transportation of passengers in any and all ambulances operated by said holder, and such holder shall not change or modify said rates in any manner unless he shall have first filed with and received the written permission of the fire chief to do so. Sec. 32-76.1. Same - Restitution. The person or the employer of a person, responsible for any charge, other than that authorized by this chapter, shall be required to make restitution jointly and severally to any overcharged patron for the amount of the overcharge. Sec. 32-77. Illegal Solicitations. No ambulance owner, operator, attendant, or driver shall solicit passengers at the scene of an accident unless the same has been summoned by telephone communication, except as may otherwise be directed by a peace officer, and no ambu- lance shall go to the scene of an accident discovered by monitoring short wave police calls. ORDINANCE NO. NS- 1394 PAGE THIRTY Sec. 32-78. Inspection of Ambulances - Safety Equipment. Ail ambulances operating within the city shall maintain in working order all safety equipment pursuant to Article 13, section 1102(b) of the California Administrative Code and the rules and regulations issued by the fire chief pursuant to this article. The fire chief or his designated represent- ative shall have the right to inspect such ambulances upon demand. Failure to maintain such equipment in working order shall be cause for immediate suspension and/or revocation of the ambulance permit by the fire chief. Sec. 32-79. Rules and Regulations. The fire chief shall issue from time to time as he deems necessary, rules and regulations to implement the provisions of this article. Such rules and regulations shall have the force of law, and the failure to obey same shall be considered a violation of the provisions of this chapter. Sec. 32-80. Emergency Service Sectors. The fire chief may divide the City into such sectors as he deems appropriate and assign holders of certificates to such sectors as necessary for purposes of receiving emergency calls from the City of Santa Ana. Section 2: That Chapter 38 of the Santa Ana Municipal Code is hereby repealed. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or un- constitutional 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 portions thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4: 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 violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating ORDINANCE NO. NS- 1394 PAGE THIRTY-ONE to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder apper- taining shall continue in full force and effect. ADOPTED, this 6th day of February , 197~8, by the following vote: ATTEST: AYES, COUNCILMEN: Brandt, Ward, Ortiz, Evans, Garthe NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Brick, eh' MAYOR Yamamoto, C~ERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY