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HomeMy WebLinkAbout543 - Ordinances ORDINANCE NO. 543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 8.30 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO TAXICAB SERVICE AND DRIVER QUALIFICATIONS. The City Council of the City of Rancho Cucamonga hereby ordains as follows: SECTION '1. Section 8.30.030 of Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new subsection "K" to read, in words and figures, as follows: "K. Unless otherwise provided by law, evidence that the applicant has procured workers compensation insurance covering any and all drivers to be utilized by the applicant should a taxicab service permit be issued." SECTION 2. Section 8.30.040 of Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended to read, in words and figures, as follows: "8.30.040 Issuance of a taxicab service permit. "Upon the furnishing of all the information required by Section 8.30.030 and payment of the required fee under this Chapter, the Administrative Services Director shall set a date and time of not less than ten (10) nor more than forty-five (45) days thereafter for a public hearing concerning the application to be conducted before the City Council, and shall give notice of the time so set, at least five (5) business days before the date of said hearing, to the applicant, by first class U.S. mail, postage prepaid, at the address set out in the application, and by publication of the application in a daily newspaper of general circulation in the City of Rancho Cucamonga on two different days. "At the time set for the hearing of the application, the Council may examine the applicant and all persons interested in the matter set forth in said application, and shall determine whether or not the applicant has satisfied all requirements of this Chapter and, further, whether or not the public interest, convenience and necessity justify the issuance of the permit. If it be found by the Council that all requirements of this Chapter have been Ordinance No. 543 Page 2 satisfied and that the public interest, convenience and necessity justify issuance of the permit, it shall, by motion or resolution, order the Administrative Services Director to issue a taxicab service permit. Any applicant denied a taxicab service permit shall be notified in writing of such denial and the grounds upon which such denial is based. "The following factors shall be weighed with the burden upon the applicant to show public need and necessity: "A. The inadequacy of existing taxi services. "B. The population density and socio-economic characteristics in the proposed area of operation. "C. Type and frequency of transportation service needed in the proposed area of operation. "D. Existing public transportation patterns, schedules and service levels and the impact of the application upon such service. "E. Traffic and parking conditions. "F. The probable permanence and quality of the services offered by the applicant. "G The character of taxi service proposed by the applicant as demonstrated by: the proposed use, if any, of a radio communications system, the proposed use of terminals and private and public taxi stands, the time of day and night when service is to be offered, and the proposed number and character of vehicles. "H The financial status, character, and responsibility of the applicant as demonstrated by: the applicant's ability to provide, maintain and operate the number of vehicles proposed to be operated in accordance with the character of service proposed in the application, the applicant's criminal and driving record, if any, as well as credit record and evidence of liability and worker's compensation insurance. "1. The experience of the applicant in taxicab service operations as an owner, manager, or taxi driver, as described in Section 8.30.030H. "Upon receipt of an application and prior to making a determination of public interest, convenience and necessity, each holder of a City-issued taxicab service permit shall be notified in writing that an application has been filed and of the date and time of the public hearing to consider said application." Ordinance No. 543 Page 3 SECTION 3. Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new Section 8.30.065 to read, in words and figures, as follows: "8.30.065 Taximeters - Reo_uired. "A. Except as otherwise provided by law, each taxicab shall be equipped with a taximeter that has been inspected and certified by the County Division of Weights and Measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been So inspected and is currently certified. "B. Except as otherwise provided by law, it is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a County Division of Weights and Measures. It shall be the duty of every permittee hereunder using any taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection from time to time by any police officer of the City or any authorized inspector delegated to this purpose. Upon the discovery of any inaccuracy of a taximeter, the permittee shall remove or cause to be removed any vehicle equipped with such taximeter from the streets of the City until such taximeter has been correctly adjusted and certified by the County Division of Weights and Measures." SECTION 4. Section 8.30.070 of Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended to read, in words and figures, as follows: "8.30.070 TaxiCab driver's permit required. "A. It is unlawful for any person to accept any person as a passenger in a taxi within the City, or otherwise provide transportation services by taxi beginning in the City, without having a current taxicab driver's permit issued pursuant to this Chapter. "B. Notwithstanding subsection A, above, the Administrative Services Director may accept current taxicab driver permits issued by another city or county where such city's or county's permitting requirements meet the minimum standards of this Chapter and, in the Director's discretion, provide for the safety of the residents of the City. In such case, a taxicab driver may operate with that permit in lieu of a permit issued by the City of Rancho Cucamonga." Ordinance No. 543 Page 4 SECTION 5. Section 8.30.090 of Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended to read, in words and figures, as follows: "8.30.090 Grounds for denial or revocation of a taxicab driver's permit. A taxicab driver~s permit may be denied or revoked on the following grounds: "A. The driver does not possess a valid Class 3 driver's license issued by the State of Califomia, or any other permit or license required by law; "B. The ddver has been convicted of a crime within the last five (5) years which involved: "1. Fraud or dishonesty with respect to any member of the public; "2. Driving while under the influence of alcohol or drugs; "3. Injuries to any member of the public as a result of such drivers operation of a taxi; "4. Any assault or battery, or other violent behavior against any person; "5. The sale of illegal drugs. "C. The ddver has been convicted of driving a taxicab recklessly within the preceding two years; "D . The driver has repeatedly and persistently violated the traffic law of the city, county or state; "E. Within the last five (5) years: "1. The driver has driven any passenger in a taxicab which the driver knew or should have known was not in good order and repair; "2. The driver has violated any of the provisions of this Chapter; "3. The driver has charged any person more than the established rate for taxicab service; "4. The driver has had any permit to operate a taxicab revoked; Ordinance No. 543 Page 5 "F. The driver has made false statements on an application submitted under this Chapter; "G. The driver is required to register under Section 290 of the Penal Code of the State of California; "H. The driver has been convicted of a violent felony at any time and the Director has reasonable cause to believe that such driver continues to constitute a threat to the public health, safety or welfare; "1. The driver is not at least eighteen (18) years of age." SECTION 6. Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new Section 8.30.105 to read, in words and figures, as follows: "8.30.105 Requirements applicable to taxicab drivers. "Each taxicab driver: "A. shall keep an accurate, legible record of all passengers carried, the pick up and drop off points, and the date and time carried. This record shall be available for up to one year for review by the Director or designee thereof. "B. shall not, when otherwise available for hire, refuse to transport anyone requesting a ride except when the safety of the driver or passenger may be jeopardized by such transportation. "C shall wear a distinctive uniform with an emblem, badge or insignia, and similar color scheme identifying the driver's association with a permitted taxicab service. "D shall keep the taxicab in good mechanical condition. "Eo shall charge only those rates as submitted on the application or such rates as have been approved by the Director in writing. "F. shall keep the taxicab in a clean and sanitary condition." Ordinance No. 543 Page 6 SECTION 7. Application of Ordinance to existing permittees. Each taxicab service and taxicab driver holding a current taxicab service or driver permit, issued by the City, as of the effective date of this Ordinance, may continue operating pursuant to such permits until the expiration thereof, whereupon compliance with the additional conditions and restrictions imposed by this Ordinance shall be required. Further, nothing herein shall excuse any violations of Chapter 8.30, nor affect any prosecution thereunder, occurring prior to this Ordinance becoming effective. SECTION 8. Penalty for Violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof dudng which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 9- Civil Remedies Available. A violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. SECTION 10. Severability. If any section, subsection, sentence, clause, phrased, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid of unconstitutional. SECTION 11. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontado, California, and circulated in the City of Rancho Cucamonga, California. Ordinance No. 543 Page 7 PASSED, APPROVED, and ADOPTED this 2nd day of August, 1995. AYES: Alexander, Biane, Curatalo, Gutierrez, Williams NOES: None ABSENT: None l-/~ ......, ' William J. ,~lexande~, Mayor ATTEST: ~'D~ebra J. Adam ,,~MC, City Clerk I, DEBRA J. ADAMS, CI~ CLERK of the City of Rancho Cucamonga, California, do hereby ce~i~ that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 19th day of July, 1995, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of August, 1995. Executed this 3rd day of August 1995, at Rancho Cucamonga, California. b~a J. Adams,~', ~ity Clerk' v