HomeMy WebLinkAbout501 - Ordinances ORD~ NO. 501
AN CSDINANCE OF ~}{E CITY OF ~ (IEAM3~r~ AM~N3ING
TITLE 8 OF ~{E ~ (IX2AM3NGA MIMICIPAL CODE BY ADDING
A NE~ (~{Mxf~R 8.30 ~VlTTr.~n '~AXICAB SERVICE," ~ERRTN
Pa~IEAT/NG AND P~MITT/NG THE OPERATIm OF ~RXIS.
A. Recitals.
~E CITY ~ OF ~ CITY OF RAN(~O ~ FINDS AS FOLLOWS:
Section 1.
Chapter 8.30 hereby is added to Title 8 of the Rarri~ Cucanrnga
Municipal Code to read in words and figures, as follows:
"Chapter 8.30
"Secti~:
"8.30.010 Definiticrs.
"8.30.020 Permit Paquired for Taxicab Service.
"8.30.030 Application for Taxicab Service Permit.
"8.30.040 Issuance of Taxicab Service Permit.
"8.30.050 Grouras for Denial cr h.~vocation of Taxicab
Service Permit.
"8.30.060 Permit Fees.
"8.30.070 Taxicab Driver's Permit.
"8.30.080 Application for a Taxicab Driver's Permit.
"8.30.090 Grounds for Denial or revocation of Taxicab
Driver' s Permit.
"8.30.100 Issuance of Taxicab Driver's Permit.
"8.30.110 Appeal ~.
"8.30.120 Revocation of Permits.
"8.30.130 Exemptiotas.
"8.30.140 Time for Cc~pl~ by Existing Taxicab Services
"8.30.150 Penalty for Violation.
"8.30.010. Definitions.
set forth below:
"(a) Driver. Any person driving a taxicab either as c~ner or urrler
the direction, employment ccrfcrol, or service of the owner as herein defined.
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"(b) Owner. Every person having control, whether by outright
ownership, lease or otherwise of any taxicabs for hire.
"(c) Person. Includes both singular and plural, and shall mean era
include any individual, firm, corporation1, association, ]~nership, or
society, eMclusive of public agencies.
"(d) Taxicab. Any vehicle which is used to provide taxicab service
"(e) Taxicab Service. Taxicab service means any public passenger
traction service available for hire cm call or demand over the public
streets of the City of Rancho Cucamonga where the service is not provided over
a def]3md route hut between such points and over such routes as may be
directed by the per~n(s) hiring the s~e, and irrespective of whether the
c~eratic~s extend beyond the area of the cuspcrate limits of the City of
Rancho Cucamonga.
"8.30.020 Permit R~c~ed for Taxicab Servi~.
"It shall be unlawful for any person to engage in the business of
operating or causing to be operated any taxicab service within the City of
Rancho Cucamonga, without having a permit to do so under the ~rovisic~s of
"8.30.030 A~olicatic~l for Taw~h Ser~_'ce permit.
"(a) Any person desiring to obtain a permit to operate a taxicab
service under this (haptar shall subnit a written applicatic~ to the
Administrative Services Director, c~ an applicatic~ form provided by the
~in/stl-ative Services Director. Applications shall be signed under penalty
of penury and shall o~tain the following information:
"(1) Name, residence address and telephone number of the
applicant.
"(2) Business name, address and tele[hc~e number of tba
applicant.
"(3) Number of vehicles to be operated under the permit.
"(4) ~he make, type, year, manufacturer, and passenger seating
of the vehicles to be used by the applicant.
"(5) fhe proposed color scheme, insignia or other
distittle c~aractaristics of the taxicab to be used, including the type
of illuminated sign to be mounted c~ the top of the vehicle and legend
thereto.
"(6) Evidence of public liability inmn-mx~ of not less than
$1 millic~ for each persel killed or injured ar~ not less than $1 million for
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death or injury of any t~D (2) or more persons in any one accident, and for
d~mage to property of at least $1 million from any one (1) accident.
"(7) Legal and registered ownership of the vehicles to be used
"(8) Prior experience of the applicant in the taxicab basiness
includ/ng the details of any prior denial, revocation or suspension by any
public agency of any tacicab servioe or taxicab driving permit, license or
certificate.
"(9) All felony convictions of the applicant and of all persons
having an ownership interest in the proposed taxicab service for the previous
five (5) years.
"(10) Rates to be charged to the public thrc~ the term of
"8.30,040 Issuance of TaXicab Service Permit.
'~pon the furnishing of all the information required by Section
8.30.030 and payment of the required fee under this Chapter, the City Council
shall issue the applicant a Taxicab Service Permit if tha applicant is in
compliance with this ChaiYcer and there are no grounds for denial of the permit
under the provisions of this Chapter. Any applicant _?]~nied a permit shall be
given written notice of the reasons for the denial.
"8.30,050 Grounds for Denial or Revocation of Taxicab Service Permit.
"(a) Taxicab Service Permits shall be denied or revoked on the
following grounds:
"(1) Failure to maintain vehicles in good and safe order and in
compliance with all laws.
"(2) Any false statement made on an application mlhnitted ur~_er
"(3) Failure to pay any fees as required under this Chapter.
"(4) Repeated and persistent violations by the permittee or the
permit holder's drivers of the traffic laws of the City, County or State.
"(5) Employing of a driver who does not have a valid Taxicab
Driver's Permit ur~___e~ the requirements of this Chapter.
"(6) Violation of any of the provisions of this Chapter by the
permit holder.
"(7) Charging rates in excess of the amounts stated in the
permit application.
Ordinance No. 501
Page 4
"(8) Conviction of a felony within five (5) years of the date
of applicatic~ where such felony involved fraud or dishonesty by the applicant
with respect to any member of the public, or where any taxi owned or operated
by the applicant was used in connection with the c~amdssion of such felony.
"8.30.060 Permit Fees.
"Every person engaging in or carrying on the business of taxicab
service, or engaged in the activity of driving a taxicab, shall pay an annual
permit fee as est~_blished by resolution of the City Council. Required fees
shall ~e paid at the t/me of application for a permit is suhnitted under this
"Every permit issued under this Chapter shall terminate at the
expiraticm of one (1) year fr~n the date of its ismmnoe unless revoked prior
to said termination. Any renewal of a permit issued under this Chapter shall
be pursuant to the same requirements, procedures, provisions and regulations
set forth in this Chapter for an original permit. A person holding a Taxicab
Service Permit my not drive a taxicab without also possessing a Taxicab
Driver's Permit. Permite issued under this Chapter may not be transferred to
"8.030.070 Taxicab Driver's Permit.
"It shall be unlawful for any person to accept any passenger in a
taxi or otherwise provide transportation services by taxi, beginning in the
City of Rancho Cucamonga without having a Taxicab Driver's Permit to do so
under the provisions of this Chapter.
"8.30,080 Application for a Taxicab Driver's Permit.
"(a) Any person desiring to obtain a Taxicab Driver's Permit shall
subnit a written application to the Administrative Services Directnr. Tne
application shall provide requested information, under penalty of perjury, on
application forms supplied by the Administrative Services Director regarding
the following:
"(1) Pertinent personal data and proof of possession of a valid
Class "C" driver's license issued by the State of California.
"(2) Fnysical condition affecting driving ability.
"(3) Driving record for three (3) years prior to application
including, but not limited to, any and all convictions of any provisions of
the California Vehicle Code.
"(4) The date and nature of any and all criminal cornFictions of
the applicant for the previous five (5) years.
"(5) Skinrotary of experience in driving motor vehicles, taxis
and/or other vehicles for hire.
Orc~rks,nce :No. 501
1:>age5
"(6) The name and address of the taxicab service by which the
applicant will be employed.
"Each applicant shall provide a passport size ]~hoto~raph and be
fingerprinted by tb~ San Bernardtrio County Sheriff's Office and a criminal
requ~ed to pay the Sheriff's est~_blished fees for such services in additio~
to the Taxicab Driver's Permit fee. A driver obtaining a permit renewal
not be fingerprinted and ~h~tograph~a if the Sheriff determines that such is
not necessary for permitting purposes.
"8.030.090 Grounds for Denial or Revocation of Taxicab Driver's Permit.
"(a) Taxicab Driver's Permits shall be denied or revoked el the
following grounds:
"(1) ~le person does not possess a valid Class "C" driver's
license issued by the State of California.
"(2) The person b~-~ been convicted of a crime within five (5)
years which involved:
,, (a) fraud or ~ with resp~ to any
of the public;
"(b) driving while under the influence of alcchol or
dru~;
"(c) injuries to any member of the public as a result
of such person's operation of a taxi.
"(3) The person b~-~ been convicted for driving a taxicab
recklessly within the pre~ding two (2) years.
"(4) Repeated and persistent violations of tba traffic law~ of
the City, County or State.
"(5) Driving any taxicab the driver knew or should have known
"(6) False statenents made on an application m3__~mi.'tted under
"(7) Violation of any of the provision of this Chapter.
"(8) Charg~ any person more than the establisbad rate for
"(9) The person is requ~ed to register under Section 290 of
the Penal Code of the State of California.
"8.30.100 Issuance of Taxicab Driver's Permit.
Ordinance No. 501
Page 6
"If the City Council, or its designee, finds that the applicant is
duly qualified, in cumpli~ with the provisions of this Cba~r~cer and there
are no grounds for denial, the applicant shall be issued a Taxicab Driver's
Permit. Any applicant denied a permit shah be given written notioe of the
reasels for the denial. Permits shall remain the property of the City of
Rand~ Cucamonga and are not transferable to any other driver. A permit shall
be surreldered to the City by the driver upon such driver ceasing to ex3age in
the activity of a taxicab driver. The Taxicab Driver's Permit shall set forth
the driver's name and working address. The permit shall bear the driver's
picture and shall be displayed while the driver is operating the taxicab so as
to at all times be easily visible in the passenger's oc~ of the
'~3p~n payment of all required fees, suhnittal of the required
application and proof of completion of finger[~inting and [hotogra~lt~, the
City Ccuncil, or its designee, shall issue a Temporary Taxicab Driver's Permit
which shall be valid for up to sixty (60) days if the applicant certifies
ur~_er penalty of penury that there are no grounds for denying the applicant a
permit under the provisions of Section 8.30.090. A ~rary Taxicab Driver's
Permit may be terminated by the City at any time by written notification of
termination to the holder of a Temporary Driver's Permit is an investigation
by the City determines that grounds for denial of a permit exists under
Section 8.30.090. Any Temporary Permit shall autc~atically terminate upon the
issuance of a regular Taxicab Driver's Permit to the applicant after the
cumpletion of the Sheriff's investigation.
"8.30.110 Appeal Procedures.
"Any person denied a permit pursuant to this Chapter may appeal to
the City Council in writing, stating reasons why the permit should be
granted. Ihe City Council may hear appeals directly or in its sole discretion
may appoint a hearing officer to hear any appeal and make a rec~L~tendation to
the City Council. Upon receipt of a timely, written request for appeal, the
City Council shall set a hearing to occur within forty-five (45) days, before
said Council or desingated hearing officer. The City Council shall render a
decision within thirty (30) days of the c~nclusion of said hearing.
"8.30.120 Revocation of Permits.
'~o permit issued under this ~hapter shall be revoked until notice is
provided and a hearing to determine whether there are grounds for revocation
shall have been held before the City Council or in the Oouncil's sole
discretion befo~ a hearing officer appointed by the City Council to hear the
appeal and make a recemeraation to the Council. Notice of such hearing shall
be given in writing and served at least ten (10) days prior to the date of the
hearing therec~. ~he notice shall state the grounds of the octplaint against
the holder of such permit, and shall designate the time and place where such
hearing will be held. Said notice shall be served upon the permit holder by
delivering the same personally or by leaving such notice at the place of
business or residence of the permit holder. In the event the permit holder
cannot be found, and the service of such notice cannot be otherwise made in
OL~ NO. 501
the manner herein provi__a~4___, a copy of sud% notjoe shall be mailed, certified
postage fully prepaid, addressed to the permit holder at h~ or her place of
business or residence at least ten (10) days prior to the date of such
bearing. ~ dasicicn of the City Ommcil sha~l be final ~ ~ sha~
be enforced by the Sintiff of Sa. Bernard/no Ommty.
"8.30. 130 Exemptlolls.
other public entity in this State.
"8.30,140 Time for C~mpliance by Existinq Taxic~_h Servi_ne~_ ara Taxicab
Drivers.
City on the effective date of tb~ Cha[fcer shall have sixty (60) days frc~ the
effective date of th~-~ Chapter to obtain permits required hereunder.
"8.30.150 Penalty for Violation.
"(a) Cr~ m~ hal Violation
"It shall be unlawful for any person, firm, par~rmrmhip, or
corporation to violate any provision or to fail to cueply with any of the
violating any provision of this Cbapte~ or failing to oreply with any of its
requlre3ents shall be deemed guilty of a misdemeanor and upc~ conviction
tbarof shall be punished by a fine not exoeeding One ~ousand Dollars or by
deemed guilty of a separate offense for each and every day or any portion
thereof during which any violation of any of the provisic~e of this Chapter is
uzpter.
"(b) Civil Remedies Available
"A violation of any of the provisions of this (~apter shall
constitute a nuisance and my be abated by the City through civil process by
means of restraining order, ~eliminary or permanent injunction, or in any
other manner provided by law for abatement of such nuisance."
Section 2:
If any section, subsection, sentence, clause, phrased, or portion of
t_his Ordinance is for any reaso~ ~-_--"~e~__ or bald to be ]3Nalid or
unconstitutional by the decision of any court of ~ jurisdiction, such
decision shall not affect the validity of the retaining portion of this
ordinance. The City Co~=il of Um City of Pancho ~ hereby dechres
OrdinanceNo. 501
Page8
that is w~uld have adopted this ~dinance and each section, subeecticn,
sentence, clause, phrase ~r portion thereof, irrespective o~ the fact that any
Section 3:
the same to be published within fifteen (15) days after its passage at least
once in ~e Inland Valley Daily R~., a newspaper of general circulation
published in the City of Ontario, California, and circulated in the City of
PASSED, APP~, and ADOi~ tbi-~ 16th day of Septe~, 1992.
AYES: Buquet, Stout, Williams, Wright
I, DNRPA J. ADAM~, CITY ~.N~K of the City of Rancho CUcamcrga, California,
do hereby certify that the foregoing Or~ was i~ at a regular
meetirg of the Oouncil of the City of Rancho ~ held on the 2rid day of
Se[fcenber, 1992, and was finally passed at a regular meetirg of the City
Council of the City of Rancho Cucam~r3a held on the 16th day of Se~3mber,
1992.
Executed this 17th day of Septenker, 1992, at ~ ~, California.
/ { 'Deax-~ J~~, City Clerk'~