HomeMy WebLinkAbout1991-04-02; City Council; NS-142; CMC 5.20 amends - Taxicabs regulation...1
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I ORDINANCE NO. NS-142
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 5, CHAPTER 5.20 OF THE CARLSBAD MUNICIPAL CODE BY ~ " THE AMENDMENT OF VARIOUS SECTIONS TO REVISE
THE REGULATION OF TAXICABS
The City Council of the City of Carlsbad, California
ordain as follows:
SECTION I: That Title 5 , Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.01
read as follows:
I) (2) "Taxicabt1 means a passenger vehicle designed
carrying not more than eight persons, excluding the driver, used to carry passengers for hire. l1Taxicabb1 shall not inclL charter-party carrier of passengers within the meaning of
Passenger Charter-party Carriers' Act, Chapter 8 of Division the Public Utilities Code (Section 5351 et seq.)."
SECTION 11: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the deletion of subsection (3
Section 5.20.010.
SECTION 111: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of the first parag
of Section 5.20.030 to read as follows:
!*Any person desiring to obtain the certificate requ by this chapter shall pay a fee as established by resolution of
City Council to the license collector and shall make a veri
application for the certificate to the chief of police.
application shall set forth:"
SECTION IV: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.30.03
to read as follows:
"(8) All persons whose names appear as requirec
subparagraph 1 of this section shall indicate in their applica
their assent to submit to background investigation
fingerprinting by the chief of police. Thereafter, the chie
police shall obtain the fingerprints during the conduct
investigation of the applicant as required by the folla
section. The chief of police shall immediately inquire into
facts and shall investigate the character and background of
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investigation to the city manager when so requested."
SECTION V: That Section 5.20.040 of Chapter 5.2
Title 5 of the Carlsbad Municipal Code is repealed.
SECTION VI: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.05
be renumbered as 5.20.040 and to read as follows:
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lv5.02.040 Investisation and issuance of certificat
At the time set for the review of such application,
City Manager may examine the applicant and all persons inter€ in the matter set forth in the application, and the City Mar shall determine whether or not the public interest, conveniencc
necessity require the issuance of the certificate applied for, if it be found by the City Manager that the public intel convenience and necessity require the issuance of the certifj
applied for, the City Manager shall issue a certificatc accordance with the application, subject to the filing and app~ of an undertaking as provided in Section 5.20.070, and subjec such conditions as may be imposed by the City Manager includinc minimum and maximum number of vehicles that may be used."
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SECTION VII: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the addition of Section 5.20.OE
read as follows:
ls5.20.O50 Appeal.
Within ten calendar days after receipt of the decisil
the City Manager, any party affected by the decision may file
the City Clerk a written request for a hearing before the
Council. Fees for appeal shall be established by resolution o City Council. Upon the filing of such a request and paymer fees, the City Clerk shall set the matter for a hearing and I notify the appellant of the date, time and place of such heari
least five days before the hearing date. At the hearing,
person may present evidence in opposition to, or in supporl appellant's case. At the conclusion of the hearing, the
Council shall either grant or deny the appeal, and the decisil
the City Council shall be final."
24 SECTION VIII: That Title 5, Chapter 5.20 of the Car
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Municipal Code is amended by the amendment of Section 5.20
sufficient taxicabs for hire in the city to fully serve the pu 28
"(6) That it appears to the city manager that ther 27
subsection (6) to read as follows:
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and that the public interest, convenience and necessity do require the issuance of such certificate;"
SECTION IX: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.07
read as follows:
"Before a certificate is issued by the city manager, applicant shall deliver to the city manager a policy of insur executed by a company duly authorized under the laws of this s to do an insurance business by the provisions of which policy company promises and undertakes to pay in full all legal liabi
incurred by the insured for damages to persons or prop
resulting from the operation of the automobile referred to in
application: provided, that the insurance policy complies wit
least the minimum coverage for which liability shall be assumec
injury, death and destruction of property as establishec
resolution of the City Counci1.I'
SECTION X: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.08(
delete the phrase "city council" and replace it with the pl.,
#@city managervg wherever it appears in that section.
SECTION XI: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.090
delete the phrase Ilcity council" and replace it with the ph
"city manager" wherever it appears in that section.
SECTION XII: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.10C
read as follows:
"The city manager may specify stands at which
taxicabs may be parked and may specify the nature and extent of
use of the stand. Such stand shall consist of a one-car space
be marked off, painted and reserved for such taxicabs only."
SECTION XIII: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20
subsections (3), (9) , and (11) to delete the phrase "city counc
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and replace it with the phrase "city manager" wherever it app
in those sections.
SECTION XIV: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of subsection (10
Section 5.20.120 to read as follows:
11(10) Information to be posted in taxicabs: In e taxicab there shall be a sign of heavy material, not smaller
6 inches by 4 inches, (or such other specified by the City Mana securely attached and clearly displayed in view of the passengc
all times, providing in letters as large as the size of the will reasonably allow, all of the following information:
police department:
firm licensed under this chapter;
holder:
(A) The name, address, and telephone number of
(B) The name, address, and telephone number oj
(C) The name or trade name of the certifi
(D) The taxicab number: and
(E) A schedule of rates and charges."
SECTION XV: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.13(
delete the phrase "city council11 and replace it with the pl
"city manager" wherever it appears in that section.
SECTION XVI: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.11
renumber all alphabetical paragraphs to sequentially numl
paragraphs.
SECTION XVII: That Title 5 , Chapter 5.20 of the Car:
Municipal Code is amended by the amendment of the third senten
subsection (a) of Section 5.20.140 to read as follows:
"(1) Any person desiring to obtain such driver's pl shall make written application therefor to the chief of pl accompanied by a fee as established by resolution of the Council. It
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SECTION XVIII : That Title 5, Chapter 5.20 of
Carlsbad Municipal Code is amended by the amendment of subsec
(d) of Section 5.20.140 to read as follows:
"(4) Duration; renewal. All permits to drive a tax shall expire one year from the date of issue. Applications
renewal shall be made within thirty days before the date
expiration of the permit. When renewal is made within the pe
prescribed, such renewal shall be accompanied by a fee
established by resolution of the City Council. Permits
personal and are not transferable."
SECTION XIX: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.15
read as follows:
tt5.20.150 Taxicab numbers. Every certificate holder shall designate each of taxicabs by number, and no two taxicabs of any certificate ho
shall be designated by the same number. The name or trade nam the certificate holder and the number by which the taxical designated shall be printed, stamped or stencilled conspicuous1 the outside of each taxicab and in the passenger compartment.
SECTION XX: That Title 5, Chapter 5.20 of the Carl
Municipal Code is amended by the amendment of Section 5.20.160
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wherever it appears in that section. 2
delete the phrase !'city council" and replace it with "city mana
3 EFFECTIVE DATE: This ordinance shall be effectiveth
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Carlsbad City Council on the 19th day of March 9
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adopt ion. 7
once in the Carlsbad Journal within fifteen days after 6
adoption of this ordinance and cause it to be published at 1 5
days after its adoption, and the City Clerk shall certify tc
INTRODUCED AND FIRST READ at a regular meeting of
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and thereafter
Council of the City of Carlsbad on the 2nd day of April 12
PASSED AND ADOPTED at a regular meeting of the
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AYES: Council Members Lewis, Kulchin, Larson, Nygaard and
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23 I/ ATTEST:
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25 ALETHA L. RAUTENKRANZ, City clerk 2 @&
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