HomeMy WebLinkAbout1952-10-07; City Council; 6010; Taxicab operations regs & violation penaltiesAFT ORDINAMCE REGULATING THE OPFliiATIOEa OF TA?CICABS IN TEE CITY OF CARISBAD; AND PROVIDING PENALTIES P'OR THE VIOLATIOR' KEEEOF.
The City Council of the City of Carlsbad does hereby ordain as -
f ollowst
SECTION 1. DEFINITIONS:
Por the purpose this Ordinance, certain words and phrases shall
"be construed as herein set forth, unless it is apparent from the context
that a different meaning is intended.
8, #Certificate" is a Certificate of Public Convenience and
Necessity issued pursuant to this Ordinance.
B. *'Taxicaba is every automobile or motor propelled vehicle by
Beans of which passengers are transported for hire upon any public street
in the City, and not over a regular or defined route and irrespective of
whether the operation extends beyond the boundary limit8 of the City or
not, excepting vehicles of transportation companies as herein defined.
fined in that certain act of the legisla,ture of the State of California,
epproved ?&y 10, 1917, providing for the supervision and regulation of
the transportat'on of persons and property for compensation over public
highways by automobiles, jitney busses, auto trucks, stages and auto
stages, and a11 arneadvnents to said act.
APPLICATION FOR CXRTIPICATE.
Any person desiring to obtain the certificate required by the ime-
diately preceding Section shall pay a fee of Pifteen @15.00] Dollars to
the Gity'Clerk, and shall make a verified application for said certificate
to the City Council, which said application shall set forth:
1. The name and address of applicant, and if the same be ac corpora-
tion, the names of its principal officers; if the same be a partnership,
association, or fictitious company, the names of the partners or persons
comprising the association or company, with the address of each;
2,
3.
A complete schedule of the fares or rates to be charged;
A description of every motor vehicle which applicant proposes
to use, giving:
a. Trade name
b. gotor and serial number
c. State license number
d. Seating capacity
ea Body style;
4. The street number and exact location of the place where applicant
proposes to stand each such taxicab;
5.
6.
The name of the legal and registered owner of each such vehicle;
The distinctive color scheae, name, monogram, or insignia which
shall be used on such taxicab;
7. If any proposed stand is in the public street, said application
shall be accompanied by a writ€en consent thereto of all occupants of the
ground floor of any building or lot in front of any building or lot in front
of aPhich such taxicab is to be located, and for twenty-five fee€ each way
therefrom, or if there is no such occupant, by the written consent thereto
of the owner or lessee of such building or lot;
8. All persons whose names appear as required by Subp@+agrapb 1 of
this Section shall-indicate in their application their assent to submit to
finger printing by Chief of Police, Phereafter, the Chief of Police shall
obtain said finger prints during the conduct of investigation of the appli-
cants as required by Section 4 hereof,
,. .. .. .. si . ..; *
receipt of application ref erred to in Section 3 above, the
City Clerk shall set a time not less than ten nor more than thirty days
thereafter for the hearing of said application before the City Council,
and shall give notice of the time so set at least five days before the data
of said hearing to the applicant, by mail, at the address set out in such
application, and by publication of notice of such application and date of
bearing in a newspaper in the City on one day of publication. 'When setting
the hearing, the Clerk shall refer the application to the Police Chief for
investigation of facts contained therein; the Chief shall immediately in-
quire into said facts and shall inv'estigate the character and moral back-
0 mound of applicant, and shall be prepared to submit results of said
investigation to the City Council when so requested.
SZCTION 5. ISSUANCE OF APPLZCATIOIT.
At the time set for the hearing of such application, the City Council
may examine the applicant and all persons interested in the matter set
forth in said application, and shall determine whether or not the public
interest, convenience and necessity require the issuance of the certificate
applied for, and if it be found by the Council that the public interest,
convenience and necessity require the issuance of the certificate applied
for, it shall by resolution order the City Clerk to issue a certificate in
accordance with said application, subject to the filing and approval of an
undertaking as hereinafter in Section 7 provided, and subject to such condi-
tions as may be imposed by said resolution including the mninimum and
maximum number of vehicles that may be used,
\
SECTION 6. GROUNDS FOR DmIfi.
Of the following reasons
certificate:
1. That the application
sha11 be sufficient for- denial of said
is not in the form, and does not contain
the information required to be contained therein by this Ordinance.
2. That the vehicles described therein are inadequate or unsafe
for the gurposes for which t'ney are to be usedm
3. That the color scheme, name, monogram or insignia to be used
0 ' I.< . 0
upon such automobiles shall be in conflicf; with or imitate any color
scheme, name, monogram or insignia used by any person in such manner as
to be misleading or tend to deceive or defraud the public.
4. That the location of t3e stand, as therein stated, is such as
to congest or interfere with travel on any public street, or that the pro-
posed stand is within three hundred feet of any other taxi stand thereto-
fore fixed by the City Council on the same street.
5. That applicant has, at some prior tirne, had such a certificate
revoked for reason.
6. That it shall appear to the City Council that there are a suffi-
cient number of taxicabs and automobiles for hire in the City to fully
serve the public, and that the granting of more certificates would unduly
congest the traffic and interfere with the free use of the public streets
by the public, and that the public interest, convenience and necessity do
not Pequire the issuance of such certificate.
7. That the schedule of faires and/or rates does not appear to be
fair and equitable,
SECTIOF 7. INSURANCE REQUIRED.
Before a certificate shall be issued by the City Clerk, the applicant
to whom a certificate shall have been awarded by the City Council as afore-
said shall deliver to the City Council a; policy of insuyance execute,d by a
company duly authorized under the laws of the State to do an insurance busi-
ness by the provisions of which policy said company promises and undertakes
to pay in full all legal liabilities incurred by the assured for damages to
persons or property resulting from the operation of the automobile referred to
in said application, provided, that the maximum amount for which liability
shall be assumed for injury or or death of one person in any one accident shall
be not less than $10,000 and for injury to or death of more than one person in
any one accident shall be not less than $20,000.00, and the maximum am0un.E for
which liability shall be assumed for injury to destruction of property in any
one accident shall be not less than $5,000.00,
SECTIOX 8. GROWS POR-REVOCATION.
Any certificate or permit granted under the provisions of this
-4-
Ordinance may be revoked by the City Council ei€her as a whole or as
to any car described therein, or as to the right to use any distinctive
color, monogram or insignia, after five days notice to the certificate
holder, requiring him to appeay at 8 certain time and place to show cause
why said certificate should not be revoked for any of the following reasons:
That the undertaking provided for in Section 7 has not been 1.
given or has been withdrawn or lapsed for nonpayment of premium, or not
in force for any reason,
2, 'For the nonpayment to the City of any license fee provided by
Ordinance No, 6005 of said City of Carlsbad.
3. For failure to observe any of the rules and regulations or
provisions set out in this Ordinance or in the certificate.
4, For the violation of any of the laws of the State or ordinances.
of the City by any certificate holder, operator or driver of any taxicab
covered by such certificate,
5. For failure to maintain satisfactory service to the publie by
means of any of the vehicles described in the application or for failure
such car in use for an unreasonable length of time, or for
failure to use the distinctfve color, monogram or insignia described in
the application, or for deviation from the schedule of rates and fares set
forth in the application,
6, For any cause which in the opinion of the City Cou
contrary to the public interest, convenience and necessity for the certifi-
cate or permit to be continued.
number of vehicles used by him as taxicabs, he shala first make application
for permission to do so from the City
interest, necessity and convenience will. be subserved by such change,
and if the certificate holder has complied with all provisions of this
Ordinance, and no such change shall be made without such permission.
- SECTION 10. TAXIC-9f3 STAE!X.
The City Council may by resolution specify stands at which such
taxicabs may be parked pursuant to the provisions of this Ordinance,
and may by such resolution specify the nature and extent of the use to
which such stand may be devoted. Said stand shall consist of a one car
space, to be narked off, painted and reserved for such taxicabs only.
SECTION 11. REE'USBL TO PAY FARE.
Wo person shall refuse to pay the legal fare for the hire of any
taxicab, after having hired the same, with the intent to defraud the
person from whom it is hired.
SECTIOX 120 RULXSAm R3GUI;ATIOEJS.
The following rules and regulations sha?l be observed by all persons
operating taxicabs:
A. Any persm dyivinq a taxicab shall wear a distinctive hat or cap
with a badge in plain sight inscribed with the name of the person to whom
the certificate has been issued.
B. No taxicabs shall be operated in the City unless the undertaking
provided for in Section 7 of this Ordinance is in full force and effect,
C, No taxicab shall remain standing upon any public street for business
purposes except for loading and unloading passengers, and then not for a
period of more than five minutes, excepting at such stand as may be designated
by the City Council. This Section shall not apply to any taxicab while the
same is engaged by and being paid for by a passenger.
D. No operator, driver or owner of any taxicab shall solicit or
carry any passenger after such taxicab shsll have b n engaged or vhile
in use for another passenger, without the consent of the passenger firs€
first first engaging the same having been/obtained. A passenger or passengers
engaging such taxicab shall have the exclusive right to full and free
use of the passenger compartment and the whole thereof if he desires
the same.
B, The driver of any taxicab shall earry any passengers engaging
the same safely and expeditiously to his destination by the most dire&
and accessible route.
F. Xo person shall operate any taxicab without prepaying any license
fee required by the City for the transaction of such business.
G. All taxicabs shall be kep€ in good mechanical condition,
H, Bo person shall drive a taxicab in the City without first having
obtained a California Chauffeurfs lice
cab driver's permit, issued in writing by the Chief of Police of the City
as in this Ordinance provided.
e, also a city of @arlsbad tui-
I. No driver, owner or operator of any taxicab shall indulge in
unfair competition with competitors or shall commit any fraud upon the
public or other persons engaged in the same business, and the City Council
shall be the sole judge of what constitutes fraud or unfair competition
under the provisions of this Section, Any complaints to the Council of
violation of this Section shall only be heard upon written complaint
specifying the act complained of and sworn to by the complainant before a
notary public or other officer authorized to administer oaths.
J, Every taxicab shall have posted in the passengerrs compartment,
a schedule of rates and charges for the hire of said vehicle; also a cord
bearing the driver's naae and address as hereinafter provided and another
card bearing the owner*s name, address and telephone number, the cab
number, and the City Police Department phone number, all contained in a
small metal container or holder at least three to four inches in size,
and placed in a conspicuous place in the passenger compartment,
. .’.’ .*
K. The driver of a
while parked at any stand
ing passengers to load or
L. Bo charge shall
taxicab shall remain withim 2.0 feet of said taxicab
designated by the City Council, except while assist-
unload or vhile answering his telephone.
be made by any operator or owner of a taxicab
lower than, or in excess of the rates posted in the passenger compartment
of said car and approved by the City Council.
N. No taxicab shall be
be kept clean and in sanitary
operated unless the passenger compartment
condition.
M. Xvery taxicab shall be equipped at all times with a standard
type of fire extinguisher in good working condition.
0. Persons served with a taxicab hereunder shall be entitled to
have such valises or small hand baggage as can be conveniently carried
when the vehicle is loaded, conveyed and unloaded without charge. Persons
cancelling calls for taxicabs or for-hire cars after dispatch in answer
thereto may be charged the same rate as if used.
P. It shall be unlawful for any driver operating under a pernit
issued pursuant to the terms of this order to refuse when the vehicle is
in service and not otherwise engaged to transport any passengers who
present themselves for carriage in a sober and orderly manner and for a
lawful purpose.
$,. men a plural number of passengers hire a taxicab the maximum
number of 3 adult; passengers shall be carried for one fare. When more than
3 passengers engage the taxicab, the number in excess of 3 shall pay a pro-
rata: share of one-third fare for each additional person.
SECTIOW IL OPERATING WITHOUT LICXNSE.
Ro person shall solicit or pick up passengers for pay on the styeets
of the City for transportation in any cab, taxicab, autoaobile, station
wagon or bus not licensed by and carrying a certificate to do so from and
by the City Council excepting only busses operating under authority of the
Public Utilities Comission.
SECTIOB 14. DRIVXRtS PmIT REf2,UImWTS.
No person shall drive a taxicab in the City without first applying in
writing to the Chief of Police for permanent driver’s permit. The Chief of
---
-8-
Police is hereby authorized and empowered to issue a temporary driverts
permit pending the investigation and issuance required for a permanent
driver's permit.
make written application therefor to the Chief of Police accompanied by a
fee of Ten ($10.00) Dollars. Eo permit shall be issued to any person under
the age, of 18 years, or to any person not a citizen of the United States or
vsho has not lawfully declared intention of becoming such, or to any person
who has, within a period of 10 years inmediately preceding such application,
been convicted of a felony or to any person who, within a period of two
years immediately preceding such application, kas been convicted of reckless
Any person desiring to obtain such driver@s permit shalI
driving or driving a vehicle upon a highway while under the influence of
intoxicating liquors or drugs, or convicted of the violation of any of the
provisions of the Klcoholic Beverage Control Act of the State of California,
6r to any person who is for any reason whatsoever unable or incompetent to
safely handle such automobile. Each such applicant shall demonstrate his
skill and ability to safely handle his vehicle in driving it through the
crowded sections of the City accompanied by an inspector designated by the
Chief of Police. No driverfs permit shall be granted to any person who in
the discretion of the Chief of Police is not of a good moral character or
who cannot sped the English language or who does not hold a. chauffeurrs
li'cense issued by the Xotor Vehicle Department of" the State, os: who is not
sufficiently acquainted with the laws or ordinances regulating the operation
of motor vehicles. Any falsification on the application for said perinit
will be grounds for t'ne refusal of said permit.
B, Before a driver's permit is granted to any applicant, said appli-
cant shall present himself to the Police Department, furnish an acceptable
photograph and be fingerprinted, and such photographs and fingerprints
shall be filed with the permanent records of said Police Department.
C. Upon obtaining said permit said driver or operator shall at all
times keep posted in full view irr the vehicle operated by him an iden€ifi-
cation card not less than four inches by six inches in size, furnished
by the Chief of: Police, which shall have plainly printed thereon the
name of said operator or driver, his business address and telephone number,
his permit n er and his photograph.
D, That all permits to drive a taxicab shall expire one year from
the date of issue, Applications for renewal shall be made within thirty
days before the date of expiration of said pefiit. -Tihen renewal is made
within the period prescribed, sueh renewal shall be accompanied by a fee
of' $1.00, Said permits are personal and are not transferrable.
B. z%e Chief of Police may revoke or suspend any such driverts
permit so issued for any violation of the provisions of this Ordinance
by t3e holder of such permit or for the existence of any state of facts
which would have been a good reason for denying suck permit when appxied
for, whether such state of facts existed at the time application was
Bade for such permit or came into existence thereafter.
F. In the event of a refusal of pe&it, revocation or suspension of
any driver's permit by the Chief of Police, said applicant or permittee
may appeal from said decision to the City Council, which may in its dis-
cretion affirm, reverse or modify the rule made by said Chief of Poxice,
SECTIOB 15.- TAXICAB MUIVIBER.
Every ,certificate holder sha11 designate each of his taxicabs by
number, and no two taxicabs of any certificate holder shall be designated
by the same number.
the number by which the taxicab is designated shall be printed, stamped or
stencilled conspicuously on the outside of each taxicab and in the
passenger compartment thereof.
The name or trade name of the certificate holder and
*
SECTIOE 16, PERBIIT &KD C,TTIITI??ICAIfE HOB-TRAXSFERABLE,
Bo certificate or permit issued under the terms of this Ordinance
shall be transferable either by contract or operation of law without the
permission of the City Council having been first obtained, and any such
attempted transfer shall be sufficient cause for revocation thereof,'
YECTIOE 17. COWSTLTUTIONALITY.
If any provision of this Ordinance, or the application thereof to
any person or circumstance is held to be invalid, the remainder of this
Ordinance or the application of said provisions to.other persons or
circumstances shall no$ be affected thereby.
SECTION 18. PXXBLTY POR VIOLATION.
Any person who shall violate any of the provisions of this
Ordinance, or of any permit issued by the City Council hereunder to
any carrier or driver, shall. be guilty of a misdemeanor and upon
conviction thereof, be fined not more than Pive I3undred ($~OO.OO)
Dollars or imprisoned in the jail provided by the City of Ciarlsbad
for not more than six (6) months, or both.
SECTIOE 19. &Z"CTIm DATE:,
2%is Ordinance is hereby declared to be urgent and necessary
for the immediate preservation of the public peace, health and safety
and shall take effect and be in force forthwith Prom and after its
passage and approval. The following is a statement of such urgency:
That there is MO ordinance of the said City adequately dealing with
the subject matter hereof, and said Ordinance is imediately required
in order to provide for public convenience and necessity.
SXCTIOH 20, The City Clerk of the City of Carlsbad is hereby
directed to cause this Ordinance to be published once in the Carlsbad
Journal, P nevapaper published and of general circulation in said City
of Cerlsbad,
PASSED, ADOPTED 19ND ORDERED PUBLISHED by the City Council of
the City of Csrlsbad, California, this 7th day of October, 1952,
by the following vote:
.&m~: Cm. Castorena, Ede, Grober, and Mayor McClellan.
MAYSz None.
ABS-EMT: Cmn. ,Sutton.
Nayor of the City of Carlsbad, California
- 12 -