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O 091 C.S. - , r:ORDlNANCE NO. 9 1 C.S. :J , , , if" AN ORDINANCE OF THE CITY OF ARROYO GRANDE A~IDING TEE , ARROYO. GRANDE MUNICIPAL CODE BY ADDING CHAPTER 10 TO TITLE 5 RELATING TO 1~ LICENSING OF TAXICABS. 'mE CITY C01.1NCIL OF THE CITY OF ARROYO GRA~"DE DOES ORDAIN AS FOLWWS: S~CTIO),'! 1. Title:; of the Arroyo Grande /ofunicipal Cooe is ax:>8nded by ....1I8,.Cltapter. 10 tblaret",. to read as follows: ,/ Section 5-10.01 DEFINITIONS: Unless otherwise cxpresslyststed, wbenever --- ~ed in this part the following termed items shall respectively mean: , (a) }'s..~t". Any piece of road conmonly used for the purpose of public traye:l. (b) .IIDriver". Every person in charge of, or operating,. any passenger- ' carrying m4tor propelled vehicle, as herein defined, either as agent, I employee or oth.:Jt"Wise, of owner, as owner, or under the direction of owner, as herein deHned'1 (0:) "Driver's PenAti". Shall mean a permit iB3ued by the Cktef of Police to an individual person permitting that person to d:d.ve a tnxicab upon the streets of the City of Arroyo Grande. ! (d) "Certificate". shall mean a certificate of public c",wentence and necesRi~J issued by the City Council of Arroyo Grande. (e) "Owner". Includes every person owning or having the use or contro~ of any taxicabs. \ (f) "Rate Card". The term "rate card" shall mean a card provided by th~ ,~er of a size and type to be specified by the City Clerk for displ~~~' each taxicab., whkh card shall set forth the r4'tes of fare then in force. "'\. (g) ~i!xicab". Is a motor propelled passenger carryingvehic Ie used for the transportation of passengers who direct the route to. be traveled over the streets and not operated over a fixed route for compensation. '\ (11) "Taxicab Stand". ,A public place alongside the curb ofa street or . , elsewhere in the City which has been designated by the Council as reserved ~exclusively for the Use of a holder ofa Certificate of Public Convepience .nd Nece$.,j~. Section 5"'10.02 CERTIFICATEOFPI1RJ,TCCONVRNIRNCR ANn NF.r.:R.CU~TTV RRnTJT'RRJ)~ (a) It shall be unlawful for any person to engage in the business of operatingsny taxicab in the City of Arroyo Grande without first having obtained from the City Council a Certificate of Public Convenience and ~ Necessity. .All persons applying for such certificate shall file with the C~l a verified application which shall set forth the following: (1) l~e nmne and address of the person making application. (2) If, at the time of making application, such person is actually , operating a taxi service in the City, the number of taxicabs owned and! , , operated therein by the applicant./ I (3) The number of vehicles for which a Certificate of Public :'\'ii,;.';, Convenience and Necessity is desired. ' j ~ (4) The make, type, year of manufacture and passenger seating ,,' capacity of each taxicab for which the application for a Certificate is made, (5) A description of the proposed color scheme, insignia, or any ~ other distinguishing characteristics of the taxicab. In this respect.i . no twc cab companies !Thall have the same color scheme. i (6) Such other. information as the City Council may require. ' .. (b) Upon filing of the fully completed application for. the Certificate of ./ Public Convenience and Necessity, the City Clerk shall fix the time for" public hearing thereon before the City Council for the purpose of determ1nipg Whether the public convenience and necessity require the proposed taxicab service. No Certificate shall be granted until the Council shall, after the . heat:!ng, declare by Resolution that the public convenience and necessity ...~ require the proposed taxicab service. '-" . (c) Notice of the'cime and place of the public hea~g before the City Council shall be published once in a newspaper of general circulation in " the City; the publication to be f6n,,(~O) da1S before the hearing; and the ,~" cost of publication to be at the expense of the appli~ant. (d) In determining whether public convenience snd necessity require the taxicab service for which the application is made, the City Council shall investigate ane! conaider: ' ,. (1) Tbe d~nd of the publicfor'additionsl taxicab. service. (2) Tbe adequacy of the existing taxicab 'service. (3) The, financial responsibility and experience of the applicant. (4) The number, make and type of the equipment and the color schema~-' be used. (5) The effect which additional taxicabservice'may have on traffic ., Congestion and parUngand whether it will result ina greater " hazard to the public. (') If the City Council shall, by Resolution, declare that public convenience and necessity require the additional taxicab service, a Certificate to that effect shall be issued to the persons entitled thereto; provided the City Council may, At its discretion, determine the character and number of pe~"itB to be granted to furnish necessary service; provided further that no Certificate authorized hereunder shall be issued to any person who shall not have: fully complied with. all the necessary requirements of this Chapter. (f) nle provisions of this Section shall not effect the number of taxicabs " operating with vaUd permits on the effective date hereof, (8) If the servie,~ permitted hereunder is for any reason discontinued for a period of forty-five (45) days, the Certificate grsntedshall be ,auto. matically canceled and shall be restored only in accordance with provisions of this Section. \ (b) If an owner sells or transfers title to a ~xicab for which a Certificate has be,on issued, orin the events taxicab for which a '- Certificate haa be"n issued has been destroyed, he is entitled, as a matter of right, upon written application to the Council made within 'fifteen (15) days after such sale, transferor destruction, to have a :l aewCertificate issued, but for no greater number thsn sold, transferred .~ >>'.:",~\ ~(: . or destroyed, and provided such owner has complied with all the provisioas ','/ ',"',""~,':; 'F' of this Chapter. ,\ ' '~":~';~~';f~: "'} , (i) The City Council may at any time revoke or suspend the ,Certificate \ granted on the following grounds or any of them: (I) If the Owner's record is unsatisfactory. \t':.:. (2) If the Owner fails to'operate taxicabs in accordance with the "". provisions of this Chapter. " , (3)' If the Owner discontinues or suspends operation of taxicabs for ,:,;-. a period of thirty (30) days without permission first had and obtained. \'" ~..E':"". ,.' (4) If taxicabs are operatedata rate of fare otherthsn that filed . ,"7l,.:f;~;'~,~:~{i-,;": ,_,:.'~' . l (">,i,":;,,;,.+:"::,: with the City Clerk. :!i:\:;<?~~:~~~{f~~?:';,:~"~,: . c;'j!'~\\%t~~),~; (j) All Certificates which shall have been suspended or revoked by the CitY ,,~,-;;.;,;"~iI',\r<<";i; " CtNnc 11 , shall be surrendered to the City Clerk. ~~; Jf1,~?~'t~,~':A,r::;: '.:'..:::~; .,.~~t;1~~\+' Section 5-10.03 LICENSE FEES: No Certificate shall be issued or continued j ", " In operation unless the holder thereof has paid an annual license fee, did lioense 1 ';:"i;~::;i:;",(s)riset forth in the Municipal Code of the City of Arroyo Grande,~ection .,;: '[""'~;\I;:,;;'~1.4tl. Said license fee shall be for theoalendar year and shall be in addition :'}'~'~'::\~'.ether license fees or charges established by proper authority and applicable ~~0fX~:'~;~.holder of the vehicle or vehicles under his operation and control. . Provided" ::-j';6,~;0i\'=' ,that whenever any vehicle is placed in service after thebeg:l.nning of the >',""':;;~'i ....%' 'year, the fee for said vehicle shall be prorated on a monthly basis. ';:,: :::t:?~::~~.:r:,i: :<::.,,',,:/,:':,; :j~~'i~7O::?";;. Section S-10.04. TRANSFER OF CER'J;IFICATES~ No Certificate may be sold, ,',~~;,:,.:i..,~"'d. mort,aaged or otherwise transferred without tbe consent':of the City i;:ti~i',~~~~~.~U"f the City of Arroyo Grande first had and obta:l.tled. '~\Ii"'>"" ,,:,:',';; "ir;' .;,,;'~:;\,::\~'~;<~,;;:':',;'::" ""'~!cl'"'''''';''''' ';~~' ,~.d~~;~'!:I\}:'~":";',:> j,f'.i'..., ~>\11 ,- ,~~;~I;~.i;;',:,:;: '-'f'" ,,~ <, . ":'('1" -', ,'"'r f';~" ~~~f'~;:',:::f::~:;}(,:!'~;',";' '1,~,1l1""'~'t'~\'" .._.".;..,',' i _ .2 .. if;' ;" 'i~~~~;~;ii;, ~ . Section 5-10.05 IDENTIFYING COLORS AND INSIGNIA: ~Ch holder ofa Certifi- cate must keep on file with the City Clerk of the City of Arroyo Grande a statement " $of the name under which he is doing business, the color scheme by which his taxi- , cabs will be marked and painted, and the insignia to be carried on said cabs which said color scheme and insignia must conform to the holder's application on file with the City Clerk. All cabs operated by the holder of such a Certificate shall bepsinted and marked in accordance with the statement currently on file with the City Clerk. No holder ofa Certificate shall file any statement of colors, markings, or insignia which is the same as or similar to the colors, markings, or insignia ,then currently On file by any other holder of ,a Certificate. Each taxicab,shall, in plain view on the 'exterior thereof, have the business name and ,address of the GlIDer painted in letters at least one-half inch ('i") high, Section 5-10.06 ,PERIODIC INSPECTIONS - VEHICLE EOUIPMENT AND M&INTIlII1At\lr.E: Prior to the use and operation of ,any vehicle under the provisions of this ordinance, aaid vehicle shall be thoroughly examined ,and inspected by the 'Police Deparbnent of the City ef Arroyo Grande and found to comply with all of the laws of the State of Ctl1foraia, ,and the City of Arroyo Grande and with such reasonable rules and regulations for safety as may be prescribed by the Chief of Police or by the City Council. Every vehicle operating under this ordinance shall be periodically inspected by the Police Department every six (6) months to insure the continued maintenance of safe operating conditions. A fee of One Dollar ($1.00) for each inspection shall be paid to the City Clerk. In addition, every vehicle operating under this ordinance shall be kept in a clean and sanitary condition. Section 5-10.07 REFUSAL TO CARRY PASSENGERS .. PROHIBITION OF DRTVF.R!:: :,:,-:' .;.' :'~rt";'.;i: . .. .- .. . , (a) It shall be a violation of this ordinance for any driver of a taxicab to refuse or neglect to convey any orderly person or 'persons upon request unless previously engaged or unable or forbidden b:J,-:the _provisions of this ordinance so to do. No, dri~r~fany taxicab shall solicit business for any hotel or motel, or attempt to divert patronage from one hotel or motel to another. Neither shall such driver engage if selling intoxicating liquors nor in transporting intoxicating liquors, except when the same are in possession of a passenger, nOr 'solicit business for 'any house of ill- repute or use his vehicle for 'any purpose other than the transportation of passengers. (b) All persons engaged in the taxicab business in the City of Arroyo Grande, operating under the provisions of this ordinance. shall render an overall service to the public desiring to use taxicabs. Holders of Certificates shall maintain a central place of business and keep thes~e open 24 hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for 'services inside the corporate limits of the Ci~J of Arroyo Grande as soon ,as they can do so. s,nd if such service cannot be rendered within a reasonable time. they shall then notify the prospective passengers how long it will be before said call can bcanswsred and give the reason therefor. Any holder who shall refuse to accepts call anywhere in the corporate limits of the City of Arroyo '., ( Grande at any time when such holder has available cabs or who shall fail ar refuse to give overall service, shall be deemed a violator of this ~nce ,and the Certificate granted shall be revoked at the discretion ot the City Council. Section 5-10.08 OPERATING REGULATIONS. DIRECT ROUTE: (a) Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry his passenger to his destination safely and expeditiously. (b) No driver of any licensed taxicab shall refuse any person prompt taxi llervice in the City at any time while such taxicab is on the public streets ready for 'service, unless taxicab is already engaged in the carrying of one Orl'~orepassengers or is enroute to answer 'a call for taxicab service; proYided further that nothing in this paragraph shall require .~py owner or driver to furnish taxicab service to any person under the influence of intoxicating liquor or narcotics, or to any person who is insane or who is a known criminal. "'3 - - :) . (c) Every driver, upon request, shall give a correct receipt for the a~ount CJl. payment recei ve,d, ,ti . (d) No driver of any taxicab shall ac~t, take into his vehicle or trans- port ,any larger mmlDer of passengers t n the rates covering the seating capad ty of his veM.c Ie. 1 ~) No driver shall permit any taxicab to rem&instanding in any established ",' , ~abstand, unless the cab is attended by a driver or operator, ,except 'llbenaesisting passengers to load or unload, or when ,answering the telephone. (f) No driver shall carry any passenger other than payingpassenger8 or persons authorized by or on company business. (g) Every driver shall at all tUnes display his driver's permit and picture ina conspicuous place in the taxicab which he is operating. (h) Any violation of the provisions of thisparagraphsball because for the revocation of the permit of the driver guilty of such violation. Sec tion 5-10.09 TAXICAB DRIVERS AND PERMIT: (a) No person shall drive::or operate any '~axicab in Arroyo Grande without having first obtained a permit in writing to do so from the Chief of Police or any person designated by him. .Permit issued will entitle the driver to 'work only for thos," whose name appears on the permit. A new permit will be required forsach subsequent employment, provided, however, tbatno applica- tion shall be necessary other thana ratification of change of employment. (b) Applicants for such permits s!~ll file applications thereof with the Chief of Police. Tl~e application shall contain the following information together with a Five Dolla.r ($5.00) application fee aud pictures of the applicant: (1) Name, marital status, age, residence,(last previous ,address, '"j and the length of residence ats\1ch last address and in the City. (2) The names and addresses of two residents of the City acquainted .,.:,: 1"':' with the applicant. (3) Each application shall be accompanied bya certificate frama reputable physician certifying that in his opinion the applicanti. not inflicted with any disease or infirmity which might make him an unsafe or unsatiAfactory driver. (c) No permit shall be issued and a permit theretofore granted sball be , revoked: (1) If the applicant is under 21 years of age; or < (2) If the applicant is nota citizen of the United States; or (3) If the applicant has not resided in the County of San t.uis Obispo '\ sixty (60) days immediately prior to fiUng; or (4) If the applicant does not possess a valid Chauffeur'sYLicense issued by the State of California; or (S) If the applicant is a reckless driver or has been convicted of rlckless driving or driving while under the influence of intoxicating Uquorsor narcotics; Or (6) If the applicant is guilty or has beenconv1cted of ~ felony or crtme involving moral turpitude; or (1) If the applicant is nota fit and proper person to drive a taxicab; or (8) If the applicant violates any provisions of this 'ordinance. (6t) All applicants for drivers permits shall be fingerprinted and their "appllcationswill then be considercd by the Chief of Police and either sranted or denied within 30 days, unless for good cause time for further ~1deration is needed. Before any application is finally passed upon, CIIlo1~ce Department shall conduct an investigation of the ,applicant. - 4 - -,.~" .' ~~ . (e) Upon approval of an application, the Chief Of~lice almll issue a driver's permit to the a.pplicant which shall bear the rnune, address, race, . and other identifying characteristics of the applicant, i~c,uding the signature of tit" appUcant. Sa.id pennit sh>i:ll be fixed in a conspi!:u"us place in the taxicab so as to be seen from the paeeenger's compartment. (f) If a driver cl~nges his employment to a different aooTler, he shall, within 24 hours tt~reafter, notify the Chief of Police for the purpose of having his driver's pel: ini t. changed 80 as to properly designate the name of the new emp 10yer . (g) W11en issued, the driver's permit shall be valid for oneyaar frcm the date of issuance, unless the permit has been revoked for any of the causes herein set forth. The Driver, in makingapplica!:ion for ,'a renewal of his permit, shall follow the same procedure-as set forth in making his original application, except heehall not be fingerprinted, or ber$quired to furnish a photograph. He sl\Sll pay the fee of One Dollar ($1.00) for the issuance of the renewal permit. Section ;)-10.10 REVOCATION OF FE1t.~T; The Chief of Police may revoke or refuse to renew an operator's i'ermit if the driver of applicant has since the granting of his permit: (8) Been convi~t~d cfa felony ora crime involving moral turpitude. pandering; using, possessing, selling or transporting narcotics; or imparting info=,ticJn for obtaining narcotics; (b) Been convicted of driving recklessly or whUe under the influence of alcohol or ~~rcotics; (c) HAd his State Driver's 01: Chauffeur's License revoked ors1.I8pended; (d) Had two or liIore convicCioCls of misdemelincr hit and run, or speed violations, Its set f01:th in the Vehicle Code of ~e State of California, occurring during any consecutive period not exc eding twelve (l2) months. ,~ (e) Violated any p1:'0"J'18ion '-If this Ordinance. ... Section 5-10.11 APPEAL TO CQUNCJ;L AFTER PRRMT'I'. REVOKED: Any driver whose ..." has been revoked as aforesaid, may. within ten (10) days of such revocation, file an appeal from such revocation with the CGuncil. ,and a hearing shall be held before the Council On such revocation. If, in the opinion of the Council, the revocation is not justified from the evidence submitted to it at such hearing, the permit shall be reinstated. If, upon the hearing, it shall appear that good cause ex:l.llts therefor, the Council shall affirm. the action of the Chief of Police and order the permanent revocation of the permit. The action of tiUI Council On such a revocation shall be final and conclusive. . Pending such hearing ,and r&1us tat_ent, it shall be unlawful for suc.h driver to operate a taxicab within the City. Section 5-10.12 PU:SL:(C ',LIABTT.TTY: \. (a) It ahall be unlawful for any owner or operator to drive or ()perate a taxicab or cause the sl1tne to be driven or operated in the City of Arroyo Grande and no license for the operation thereof shall be granted unless and until there is on file with the City Clerk, and in full force and effect at all times while such taxicab is being operated, a certificate of a policy of insurance approved by the City Attorney, with a solvent and responsible company authorized to do business in the State of California, insuring the owner of auch taxicab (giving the manufacture number 'and state license number) against loss by reason of injury or damage that may result to persons or property from the negligent operation Or defectiVe construction of such taxicab, or for any other cause. Said policy may be limited to $50,000.00 for the injury or death of one person and $100.000.00 for the injury of two or more persons in the same accident and $100,000.00 for injury or destruction of property. (b) Said policy of insurance slw1l guarantee the paymentto,any and all persons suffering injury or damage to person or property, of any final judglneIlt rendered against such owner or driver, within the limits above ~t1oned, irrespective of the financial condition or any acts or omissions Qf sur.hfNner or dr.i.ver, and shall insure to the benefit of such persons. -, .. 5 - ~.._,- ...."., ......,............,. ""'^W ,.-~ , (c) ., :) If, at any t~me, such policy of insurance is cancelled by the . company issuing the same, or the authority of t~e company to do business in the State of California shall be revoked, the City Clerk sl~,ll Daquire the owner to replace such policy with anathers.atisfactpry to the City Attorney and file Ii certificate thereof., and-in default thereof the Owner's license to operate shall be revoked. (d) All public passenger vehicles for hire sk~ll be under the supervision and control of the Chief of Police and he shall not pepnitany driver to operate any taxicab in the City, while Si!!.me or 'any equipment used thereon, or therewith, shall be unsafe, defective or in any unsa~itary condition. Every taxicab allall be at all times subject to inspectiDn by any police officer of the City. Section 5-l0.13RATE OF FARE: (a) The Qwner shall set his own rates but he shall cause a copy of ,all rates to be filed with the City Clerk of the City, ,and also 'shall cause a schedule of rates to be prominently displayed in each cab operated in the City. All charges fixed, charged or collected for service shall be in accordance with the rate schedules posted with the City Clerk and it shall be unlawful for different charges to be lI'.ade therefore. (b) No schedule of rates shall be cl~nged after they have been posted except by the Qoo.vner HUn.g a copy of the llew schedule with the City Clerk. (c) If at any tL'TIe the CHy Council believes that any presently in force schedule of rates or propo~ed schedule of rates is or !Day be exce~sive, the City Council may ~~tify the r~ler who files such a schedule, of its intention to reduce rates a;:;.d order such person to shc'W cause why such rates should not be reduced. In such event, the City Council must provide a hearing. The owner shall h.a';e the opportunity to present evidence at such hearing. If after haaring the evidence, the City Council finds such rates to be excessive, it may then make an order setting forth new end ,reduced maximum rates. In the sanu!> manner, City Council may establish mirdmumrates. Section 5-10.14 TAXICAB STANDS: (a) The Council may designate taxicab stands on public streets for each Certificate holder which shall remain in effect until revoked by the Council. ,:",,,.' ,~-!It"iji;';... (b) No owner or driver of any taxicab shall park the same on any public street in the Central Traffic District for the purpose of soliciting business, other than at the stands designated by the Council. (c) The taxicab stands shall be designated by alternating stripes. Section 5-10.15 ~CORDS AND REPORTS: The holder of each Oertificate shall keep accurate records of receipts from operations, operating and all 0ther expenses, capital expenditures and such other operating information as may be i required by the City Council. Every holder shall maintain the records containing such information and other data required by this ordinance at a place readily accessible for examination by the City Clerk or City Police Department. Section 5-10.16 RULES AND REGULATIONS: The City Council may from time to time by resolution promulgate regulations for the operation of taxicabs and for the maintenance of records. The Chief of Police may frOlD time to time promulgate regulations respecting the safety of operations and maintenance of taxicabs. SECTION 2. This ordinance shall be in ['Ull force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Council Members voting thereon, in the Five Cities Times-Press-Recorder. - 6 - ;;. .- :;'~.:Ef;:" :- r- ') . On motion of Councilman de Leon, seconded by Councilman Talley and on the following roll call vote, to wit: . AYES: Councilmen Talley, Millis, de Leon and Mayor Schlegel NOES: None ABSENT: Councilman Wood ,.. 'o""o'ng ...,..... w.. ,..... ... ..~~:4~73. "A"m8T:~...:i.~ ~~tn CITY CLERK ' I, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing ""nance No. 91 C.S. is a true, full and correct copy of said oriinance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council held on the 14th day of August, 1973. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 15th day of August, 1973. .-:I"a<L J:t ,ch..t ~.o" City Clerk of the City of Arroyo Grande (SEAL) . I / I \, . i~ l \- ,- .