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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 -