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