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HomeMy WebLinkAbout2013-07-23; City Council; 21319; Amending Chapter 5.20 Municipal Code Taxicabs19 CITY OF CARLSBAD - AGENDA BILL 21.319 AB# MTG. 7/23/13 DEPT. Clerk AMENDING CHAPTER 5.20 OF THE CARLSBAD MUNICIPAL CODE RELATED TO TAXICABS DEPT.DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-218. amending Chapter 5.20 of the Carlsbad Municipal Code related to taxicabs. Ordinance No. CS-218 was introduced and first read at the City Council nneeting held on July 9, 2013. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk's Office will have a summary of the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #21,291 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBIT: 1. Ordinance No. CS-218. DEPARTMENT CONTACT: Sherry Freisinger 760-434-2808 Sherry.Freisinger@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • • • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 ORDINANCE NO. CS-218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 5.20 OF THE CARLSBAD MUNICIPAL CODE RELATED TO TAXICABS The City Council ofthe City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 5.20 of the Carlsbad Municipal Code is amended to read as follows: Chapter 5.20 TAXICABS Sections: 5.20.010 Definitions 5.20.020 Business License 5.20.030 Application Information and Fee 5.20.040 Investigation and issuance ofa City Business License and City of Carlsbad Decal 5.20.050 Grounds for Denying a Taxicab Operator City of Carlsbad Business License 5.20.060 City of Carlsbad Business License for Taxicab Operator - Expiration and Renewal 5.20.070 Notice of Suspension, Revocation, or Denial and Appeal Rights and Procedures 5.20.080 Insurance Requirements 5.20.090 Suspension or Revocation of a City of Carlsbad Business License 5.20.100 Permission to Make Changes in the Mode of Operation 5.20.110 Taxicab Stands 5.20.120 Taxicab Fares 5.20.130 Rules and Regulations of Operation 5.20.140 Condition of Taxicabs 5.20.150 Taxicab Driver Licensing Requirements 5.20.160 Taxicab Numbers and Information Posted Inside of a Taxicab 5.20.170 Transferability of a Business License 5.20.180 Violations 5.20.010 Definitions For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section, unless it is apparent from the context that a different meaning is intended: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 (1) "City Of Carlsbad Business License" or "Business License" means the business license that is issued by the City of Carlsbad that is required to operate a taxi business or provide taxi services that originate within the city limits of Carlsbad. (2) "City" means the City of Carlsbad. (3) "Certificate of Liability Insurance" means the Certificate of Liability Insurance issued by an insurance company in the name of the taxi company in the required coverage amounts by the City of Carlsbad in order to obtain a Business License. (4) "County" means the County of San Diego and includes the San Diego County Sheriff Department. (5) "Decal" means a pre-numbered Decal that demonstrates issuance of a City Business License, to be affixed to the left portion of the passenger side rear window. The Decal will be hole-punched with its expiration month and year. This Decal authorizes the Taxicab to provide taxi services that originate in the City of Carlsbad. (6) "Passenger" shall mean every occupant other than the driver of a Taxicab. (7) "Posted Rate" means the rate the operator has registered with the County for transporting passengers and which is conspicuously posted in the Taxicab. The "posted rate" includes flat rate fares and the fares at which the Taximeter has been calibrated and inspected by the sealer of County of San Diego Weights and Measures. (8) "Taxicab" means a motor vehicle as the term is defined by the California Vehicle Code used for transportation of passengers for hire, equipped with a Taximeter. A Taxicab shall be a vehicle designed to transport no more than eight persons, excluding the driver. (9) "Taxicab Driver" means any person or individual who drives or is in actual physical control of a Taxicab. (10) "Taxicab Driver Identification Cards" or "Identification Card" means the two annual County identification cards issued to a Taxicab Driver, by the San Diego County Sheriff Department, authorizing a Taxicab Driver to pick up passengers. Both Identification Cards shall be made available to any passenger or law enforcement official for inspection prior to, during and after any transportation of passengers. A. The larger Identification Card is approximately 8" long by 5-1/4" high and will be on display, unaltered and without obstruction, on the dash board of all Taxicabs while the Taxicab Driver is operating the Taxicab in the City. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 B. The smaller Identification Card is approximately 3-1/4" long by 2" high and shall be worn by the Taxicab Driver, at all time while operating the Taxicab in the City. (11) "Taxicab Operator" means the person, business, partnership, association, firm or corporation which is engaged in the Taxicab business. (12) "Taxicab Operator License" means the annual license issued by the County Sheriff's Department authorizing a Taxicab Operator to pick up passengers. In addition the Taxicab Operator shall obtain a City Business License. (13) "Taxicab Vehicle Inspection Form" means the County SherifTs Department Taxicab Vehicle inspection Form. Each and every Taxicab operating within the City shall have a completed and approved Taxicab Vehicle Inspection Form. A copy of the_Taxicab Vehicle Inspection Form shall be maintained in each Taxicab and shall be made available for viewing by any passenger or law enforcement official prior to, during and after any transportation of passengers. (14) "Taximeter" means the device on the inside of a Taxicab that is calibrated to calculate the fare earned by the Taxicab Driver for transporting passengers. (15) "Taximeter Certificate" means the certificate issued by the County Weights and Measures Department showing that the Taximeter for that Taxicab has been calibrated. A copy of the Taximeter certificate, to its specifically assigned Taxicab, shall be maintained in each Taxicab and be made available to any passenger or law enforcement official for inspection prior to, during and after any transportation of passengers. 5.20.020 Business License No person shall engage in the business of providing Taxicab services that originate in the City of Carlsbad without having obtained a City of Carlsbad Business License and shall comply with all the provisions of this chapter and of such Business License. 5.20.030 Application Information and Fee Any person wanting to obtain a Business License required by this chapter to operate Taxicab services originating in the City of Carlsbad shall pay a fee as established by resolution ofthe City Council to the City Finance Department. The application shall include the following: Owners: (1) The name and address of applicant, and if the same be a corporation, the names of its principal officers; if the same be a partnership, association or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 fictitious company, the names of the partners or persons comprising the association or company, with the address of each; (2) The trade name of the Taxicab Operator or company; (3) Taxicab Operator's Certificate of Liability Insurance for the Taxicab. (A) For Taxicab Vehicle(s): (1) A photo copy of a valid California registration card for every Taxicab vehicle owned or leased by applicant Taxicab Operator for which a City Decal will be issued. (2) A photo copy of each Taximeter certificate, including the serial number that was issued by the County for each Taxicab for which a City Decal will be issued. (3) A photo copy of each Taxicab Vehicle Inspection Form issued by the County for each Taxicab for which a City Decal will be issued. (4) The distinctive color scheme, name, monogram or insignia which shall be used on such Taxicab vehicle. (5) Copy of a certificate of insurance pursuant to 5.20.080. 5.20.040 Investigation and issuance of a City of Carlsbad Business License and City of Carlsbad Decal Taxicab Operators names are submitted to the Carlsbad Police Department for approval. The Chief of Police or his/her designee shall inspect all applications and forms required by the chapter to ensure they are valid copies issued by the County of San Diego prior to applicant(s) operating any Taxicab service/business in the City of Carlsbad. After the Police Department has reviewed all documents in their entirety, and checked with the County of San Diego that the Taxicab Operator(s) and Taxicab(s) are in good standing with the County of San Diego, the Police Department shall notify the City's Finance Department that Taxicab Operator(s) is authorized to conduct business as a licensed Carlsbad Taxicab Operator. Upon the receipt of appropriate approvals and certifications, the Finance Department shall issue the Taxicab Operator a Business License and a Decal for each Taxicab. 5.20.050 Grounds for Denying a Taxicab Operator City of Carlsbad Business License If a Taxicab Operator applicant was unable to pass the background check conducted by the County of San Diego Sheriffs Department, was under a current investigation by the County of San Diego Sheriffs Department or any other law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 enforcement agency or was unable to obtain or have issued a County Taxicab License or had a County Taxicab License revoked or suspended for any reason listed in the San Diego County Code of Regulatory Ordinances the Taxicab Operator applicant will not be issued a City of Carlsbad Business License for operating a Taxicab business in the City of Carlsbad. The Chief of Police or his/her designee shall notify the Taxicab Operator applicant within 30 days after the applicant filed a complete application that the City of Carlsbad Business License for Taxicab Operator has been denied. 5.20.060. City of Carlsbad Business License for Taxicab Operator - Expiration and Renewal A City of Carlsbad Business License for Taxicab Operator issued pursuant to this chapter shall expire one year from the date it is issued unless said license, by its terms, provides for a different expiration date. A City of Carlsbad Business License for Taxicab Operator may be renewed by filing a renewal application not more than 60 days and not less than 40 days prior to the expiration date with the City of Carlsbad. The Finance Department shall fonA/ard the complete renewal application to the Police Department for review and compliance with section 5.20.040. The Finance Department may deny renewal on the following grounds: (1) Any of the grounds for denying a new City of Carlsbad Business License for Taxicab Operator; or (2) The Taxicab Operator committed an illegal act, or allowed any of its Taxicab Drivers, agents or employees to commit an illegal act, while engaging in the activity for which the Business License was issued or used or allowed any Taxicab Driver, agent or employee to use the Business License contrary to its terms; or (3) The County of San Diego did not renew or will not renew the applicant's County issued Taxicab Operator License. 5.20.070 Notice of Suspension, Revocation, or Denial and Appeal Rights and Procedures If the County of San Diego suspends, revokes, or denies a new or renewal Taxicab Operator License the Taxicab Operator licensee must contest that suspension, revocation, or denial with the County of San Diego. If the City of Carlsbad suspends, revokes or denies a new or renewal Taxicab Operator's Business License then the Taxicab Operator applicant shall utilize the following appeal process: (1) The Taxicab Operator applicant must request an appeal hearing before the Chief of Police. This request must be made in writing and it must be 4? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 physically received at the Carlsbad Police Department no later than 21 days following the date of the notice of suspension, revocation or denial of either a new or renewal Taxicab Operator application for City of Carlsbad Business License. For purposes of complying with the 21 day request for hearing, the Carlsbad Police Department "received" stamp shall be determinative for purpose of timely compliance. Failure to file a timely written request for a hearing shall be deemed a waiver of the applicant's right to appeal the suspension, revocation, or denial of a City of Carlsbad Business License for Taxicab Operator. (2) The Chief of Police or designee will schedule a hearing within 30 days of receipt of the written request for hearing, unless the 30 day time period is waived in writing by the parties. At the hearing, the Taxicab Operator applicant shall present relevant evidence for consideration by the Police Chief or designee as to why the Business License should be issued or renewed. The Police Chief or designee shall issue a written decision to the applicant within 10 business days following the date ofthe hearing, unless the 10 business day time period is waived in writing by the parties. (3) If after the hearing the Chief of Police or designee does not overturn the suspension, revocation, or denial, the Taxicab Operator applicant has the right to appeal that suspension, revocation, or denial to the City Manager. Said applicant shall make this request in writing and it must be received at the Carlsbad City Clerk's Office within 10 calendar days following the date of the Chief of Police or designee's decision. For purposes of complying with the 10 calendar day request for a City Manager hearing, the Clerk's "received" stamp shall be determinative for purpose of timely compliance. Failure to file a timely written request for a City Manager hearing shall be deemed a waiver of the applicant's right to appeal the suspension, revocation, or denial of a City of Carlsbad Business License for Taxicab Operator to the City Manager. (4) The City Manager or designee will schedule a hearing within 30 days, unless waived in writing by the parties. At this hearing, the Taxicab Operator applicant shall present relevant evidence for consideration by the City Manager or designee as to why the Business License for Taxicab Operator should be issued or renewed. The City Manager or designee shall issue a written decision to the applicant within 10 business days following the date of the hearing. The decision ofthe City Manager or designee is final. 5.20.080 Insurance Requirements It shall be unlawful for any Taxicab Operator to operate a Taxicab within the City of Carlsbad unless the person has in effect insurance coverage issued by a company authorized to transact insurance business in the State of California with coverage amounts that meet the requirements of coverage for each Taxicab in an amount not less than $1,000,000 per occurrence, combined single limit for bodily injury and property damage. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 The certificate of insurance shall provide that the insurer will notify the Carlsbad Chief of Police, in writing, of any policy cancellation and the notice shall be sent to the Carlsbad Chief of Police by registered mail at least 30 days prior to cancellation of the policy. The certificate shall also state: (1) The (2) The (3) The (4) The (5) The (6) The (7) The 5.20.090 Suspension or Revocation of a City of Carlsbad Business License for Taxicab Operator In addition to the basis for denial set forth in section 5.20.050, a City of Carlsbad Business License granted under the provisions of this Chapter may be suspended or revoked by the Chief of Police, either as a whole or in part to any Taxicab Operator or Taxicab, described herein. The City of Carlsbad Business License may be suspended or revoked for any of the following reasons: (1) Charging or demanding a passenger pay a fare exceeding the posted rate. (2) Driving or controlling the movements of a Taxicab without a valid Taxicab Driver Identification Card in the Taxicab. (3) Allowing a person to drive or control the movements of a Taxicab without a valid Taxicab Driver Identification Card. (4) Operating or allowing another person to operate a Taxicab without the insurance coverage required by this Chapter. (5) Operating or allowing another person to operate a Taxicab that has not been issued a valid Taxicab Operator License by the County. (6) Operating a Taxicab without a current Taximeter Certificate or without the Taximeter Certificate in the vehicle. (7) Violating any other provision of federal, state or local law; minor traffic infractions excluded. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 5.20.100 Permission to Make Changes in the Mode of Operation Taxicab Operator shall notify the Police Chief and City Finance Department within 10 calendar days of all changes to its Taxicab Operator's License. The City may suspend or revoke the Business License of any Taxicab Operator who fails to notify the Police Chief and Finance Department of any changes to the Taxicab Operator's License. 5.20.110 Taxicab Stands The City of Carlsbad does not maintain any taxicab stands within the city. All taxis are required to be legally parked at all times, including while loading and unloading passengers. 5.20.120 Taxicab Fares The rate schedule must be submitted to the City of Carlsbad at the time of application for a City of Carlsbad Business License for Taxicab Operator and must be accompanied along with the Taximeter verification from County Weights and Measures. The Taxicab Operator shall prominently post the rate schedule on the interior of both rear doors of all taxicabs in letters at least one inch high. The rates shall be displayed in dollars and cents and shall also display the "flag drop rate," "travel charge rate," and "time charge rate." The figures that display the fare shall be easily readable by persons in the passenger compartment ofthe Taxicab. (1) It is unlawful for a passenger who has hired a Taxicab to refuse to pay the fare. (2) It is unlawful for the Taxicab Operator or the Taxicab Driver to request the passenger pay a fare in excess of the posted rate or the amount due on the Taximeter. (3) Every Taxicab Operator and Taxicab Driver and all agent(s) and employee(s) of a Taxicab Operator or Taxicab Driver shall accurately state the "posted rate" in effect in response to any inquiry. 5.20.130 Rules and Regulations of Operation All applicable federal, state, local county and city laws and regulations shall be observed by all persons operating as a Taxicab Operator or Taxicab Driver at all times. (1) A Taxicab Driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 (2) A Taxicab Driver shall provide a receipt to any passenger who requests one after the passenger pays the fare. The receipt shall indicate the beginning and ending points ofthe trip, the fare charged, the date, the Taxicab Operator or Taxicab Driver's name, and the vehicle number, and shall be signed by the Taxicab Driver. (3) No person shall solicit passengers for Taxicabs other than the Taxicab Driver. The Taxicab Driver, however, may not leave the Taxicab to solicit passengers. (4) No Taxicab Driver shall transport more persons, including the Taxicab Driver, than the manufacturer's rated seating capacity for the Taxicab vehicle they are operating. A Taxicab Driver shall also not transport luggage or other items exceeding the vehicle's storage volume or load-carrying capacity. (5) A Taxicab must be legally parked and the Taxicab Driver must remain within twelve feet of their Taxicab unless the Taxicab Driver is assisting passengers with loading and/or unloading of persons or luggage. (6) No Taxicab Driver shall knowingly pick up a person who has summoned a Taxicab from a competitive Taxicab Company without informing the person that he does not represent the Taxicab Company the person summoned. (7) No Taxicab Driver, who has been hired by a passenger, shall pick up any additional passenger without the consent ofthe original passenger. (8) A Taxicab Driver shall not operate a Taxicab unless he has affixed his/her Taxicab Driver Identification Card in a prominent location inside the Taxicab, visible to passengers in the passenger compartment. A Taxicab Driver while working shall display the name and photo identification badge issued to him/her by the County of San Diego Sheriff's Department. The Taxicab Driver shall prominently display the badge on the outside front of the driver's clothing, between the waist and shoulders. (9) It shall be unlawful for a Taxicab Driver to refuse a prospective or actual fare or to take any action to actively discourage a prospective or actual fare on the basis of race, creed, color, age, sex, national origin or disability. A Taxicab Driver may, however, refuse a prospective or actual fare if it is readily apparent to the driver that a person presents a hazard to the Taxicab Driver. A Taxicab Driver is also not obligated to transport any person who is verbally or in any other way abusive to the Taxicab Driver. (10) It is unlawful for a Taxicab Driver to refuse or discourage a prospective fare based upon the length ofthe trip if the trip is within the area normally serviced by the Taxicab Operator who employs the Taxicab Driver. (11) A Taxicab Driver shall assist a passenger with loading or unloading a reasonable size, number, and type of passenger luggage or other items, when requested by a passenger. A Taxicab Driver, however, is not required 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 to lift any single item that exceeds 25 pounds. The requirement to assist with loading or unloading shall be limited to retrieving or depositing items onto the nearest curbside adjacent to a legally parked Taxicab. A sign in the form of a transparent decal may be affixed to the rear-door, side window stating that, "DRIVER IS NOT REQUIRED TO LOAD LUGGAGE IN EXCESS OF 25 POUNDS PER ITEM OR OF A SIZE OR KIND THAT WILL NOT SAFELY FIT IN THE DESIGNATED LUGGAGE AREA OF THIS VEHICLE." A Taxicab Driver with a lawful disability that prevents him from handling items may submit proof of disability to the County of San Diego Issuing Officer requesting relief from the requirement to assist passengers with luggage. If approved by the County of San Diego Issuing Officer, the Taxicab Driver may affix a small sign either in the passenger section of the vehicle to be visible to a rear seat passenger or on the inside of the trunk cover lid stating that, "DRIVER HAS DISABILITY THAT PREVENTS HANDLING OF LUGGAGE." (12) A Taxicab Driver may seek passengers by driving on a public street, but may not travel at a speed or in a manner that interferes with or impedes traffic. (13) A Taxicab Driver shall display an "out of service" sign when the Taxicab is not available for hire. The sign must be located inside the vehicle to be visible and readable from outside the vehicle at a distance of at least 10 feet away. (14) A Taxicab Driver shall maintain a daily trip log which shall be available for inspection upon request by any peace officer. The trip log shall show the Taxicab driver's name, taxicab number, date, time, origin and destination of each trip, and fare charged. The logs shall have ruled lines and columns sufficient to include all required information and the entries shall be in black or dark blue ink. The Taxicab driver shall submit his/her trip logs to the Taxicab Operator at least once a week. (15) It is unlawful for any Taxicab Driver while transporting passengers to display the flag or device attached to the Taximeter in a position indicating the vehicle is available for hire. It is unlawful for the Taxicab Driver to prevent the Taximeter from operating while the driver is transporting passengers. It is unlawful for a Taxicab Driver to cause the Taximeter to record when the Taxicab is not employed or to allow the Taximeter to continue to record after reaching the passenger's final destination. (16) It is unlawful for any Taxicab Operator or Taxicab Driver to refuse a prospective or actual fare, take any action to actively discourage a prospective or actual fare or refuse to dispatch a Taxicab Driver. 5.20.140 Condition of Taxicabs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 All Taxicabs shall be kept clean and in good condition and may be put out of service by any law enforcement officer until any unsafe condition has been corrected. 5.20.150 Taxicab Driver Licensing Requirements All Taxicab Drivers in the City of Carlsbad must possess valid Taxi Driver Identification Cards issued by the County of San Diego and a valid California driver's license. A Taxicab Driver shall not pick up a passenger or originate a fare in the City of Carlsbad unless the Taxicab Driver is licensed as or employed by a Taxicab Operator possessing a valid City of Carlsbad Business License. 5.20.160 Taxicab Numbers and Information Posted Inside of a Taxicab Every Taxicab Operator holding a City of Carlsbad Business License shall designate each of its Taxicabs by number, and no two Taxicabs shall be designated by the same number. The name or trade name of the Taxicab company and the number by which the Taxicab is designated shall be painted or stickers affixed conspicuously on the outside of each Taxicab and on the inside the passenger compartment. In addition, every Taxicab shall have a sign of durable material, not smaller than six inches by four inches, securely attached and clearly displayed in view of the passenger at all times. The sign shall provide in letters as large as the size ofthe sign will reasonably allow and contain the following information: (1) The name, address, and telephone number of the City of Carlsbad Police Department; (2) The name, address, and telephone number of the Taxicab Operator's company licensed under this Chapter. 5.20.170 Transferability ofa Business License No City of Carlsbad Business License issued under the terms of this Chapter shall be transferable either by contract or operation of law. 5.20.180 Violations (1) Every person who violates any of the provisions of this Chapter shall be guilty of an infraction or misdemeanor punishable as provided in Section 1.08.010(b). (2) Any Taxicab Operator, or Taxicab Driver whether an employee or independent contractor of a Taxicab Operator violating, permitting, or assisting the violation of any provisions of this Chapter shall be subject to any and all civil remedies, including without limitation to Business License suspension and revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 suspension and revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued. (3) In addition to the remedies set forth in subsection 2 of this section, any Taxicab Operator that is operating in violation of this Chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation in the City of Carlsbad. 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 the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 9*^ day of July 2013, and thereafter; 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 2 City of Carlsbad on the 23'"^ day of July, 2013, by the following vote to wit: 3 4 AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas. 5 NOES: None. 6 ABSENT: None. 7 ABSTAIN: None. ^ APPROVED AS TO FORM AND LEGALITY 10 11 12 13 14 15 16 CELIA A. BREWERTCity Attorney ATTEST: BARBARA ENGLESOfit^ify Clerk 1 20 21 23 24 25 26 27 28