HomeMy WebLinkAbout2009-09-22; City Council; 19971; Amending the CMC taxicab driver requirementsCITY OF CARLSBAD - AGENDA BILL
19,971AB#
MTG. 09/22/09
DEPT. Clerk
AMENDMENT OF CARLSBAD MUNICIPAL
REGARDING TAXICAB DRIVER PERMIT
REQUIREMENTS
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-055, amending the Carlsbad Municipal Code, Section 5.20.140 to
require applicants for taxi cab driver permits in the City of Carlsbad to submit a County of San
Diego Sheriffs Department taxi driver identification card.
ITEM EXPLANATION:
Ordinance No. CS-055 was introduced and first read at the City Council meeting held on
September 15, 2009. The second reading allows the City Council to adopt the ordinance
which will become effective thirty days after adoption. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 19,958 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. CS-055.
DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2808,
karen.kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED &
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
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ORDINANCE NO. CS-OSS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING SECTION 5.20.140
OF THE CARLSBAD MUNICIPAL CODE TO REQUIRE APPLICANTS
FOR A TAXICAB DRIVER PERMIT IN CARLSBAD TO SUBMIT A
COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT TAXI DRIVER
IDENTIFICATION CARD
WHEREAS, California Government Code section 53075.5 requires
drug and alcohol testing of all taxicab drivers;
WHEREAS, the County of San Diego Sheriffs department issues Taxi
Driver Identification Cards and requires drug and alcohol testing as part of the
process for obtaining the cards,
WHEREAS, it is recommended that the Carlsbad Municipal Code be
amended to require that applicants for a taxicab driver permit in Carlsbad must
submit a County of san Diego Sheriffs department Taxi Driver Identification Card;
and.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
1. That the above recitations are true and correct.
2. That section 5.20.140 of the Carlsbad Municipal Code is amended to
read as follows:
5.20.140 Driver's permit requirements.
(1) Generally. 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 police is authorized and
empowered to issue a temporary driver's permit pending the
investigation and issuance required for a permanent driver's permit.
Any person desiring to obtain such driver's permit shall make
written application therefor to the chief of police accompanied by a
fee as established by resolution of the city council. No permit shall
be issued to any person under the age of eighteen years, or to any
person who has, within a period often years immediately
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1 preceding such application, been convicted of a felony or to any
person who, within a period of two years immediately preceding
such application, has been convicted of reckless 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 Alcoholic Beverage Control Act of the state or to
any person who is for any reason whatsoever unable or
incompetent to safely 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 driver's 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 speak the English language or who does not hold both
a Class 3 or better license issued by the Motor Vehicle Department
of the state and a County of San Diego Sheriffs department Taxi
Driver's Identification Card, or who is not sufficiently acquainted
with the laws or ordinances regulating the operation of motor
11 vehicles. Any falsification on the application for the permit will be
grounds for the refusal of the permit.
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(2) Photograph and fingerprints. Before a driver's permit is
13 granted to any applicant, the applicant shall present himself to the
police department, furnish an acceptable photograph and be
fingerprinted, and such photographs and fingerprints shall be filed
15 "with the permanent records of the police department.
EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
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to be published at least once in a newspaper of general circulation in the City of
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Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 15th day of September, 2009, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 22nd day of September, 2009 by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONAtD R. BALL, City Attorney
ATTEST:
LORRAINE
(SEAL)