HomeMy WebLinkAboutORD 006ORD 006ê79wS ×P ë ô ORDINANCE NO. p
AN-ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADDING A NEW CHAPTER TO THE BALDWIN
PARK MUNICIPAL CODE TO BE KNOWN AS CHAPTER 5 OF
ARTICLE VI PROVIDING FOR TIE LICENSING,pF TAXICAB
OPERATORS; AND AMENDING SECTION 6128.62 PROVIDING
FOR THE LICENSING OF VENDING MACHINE OPERATORS; AND
AMENDING SECTION 6128:33 PROVIDING FOR THE LICENSING
OF DAIRY AND DAIRY PRODUCTS; AND M1DING SECTION
6128.4.8 PROVIDING FOR THE LICENSING OF INDUSTRIES;
AND ADDING A NEW CHAPTER TO THE BALDWIN PARK MUNICIPAL
CODE TO BE 1NOWN AS CHAPTER 3 OF ARTICLE IX PROVIDING
FOR THE REGULATION OF LOT SPLITS AND METES AND BOUNDS
DIVISIONS OF REAL PROPERTY; AND AMENDING SECTION 6128
BY ADDING A NEW SECTION THER~'TO TO BE i'NOWN AS SECTION
6128.331
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS:
SECTION 1. A NEW CHAPTER IS HEREBY ADDED TO ARTICLE VI
OF THE BALDWIN PARK MUNICIPAL CODE TO BE
KNOWN AS CHAPTER 5, AND SHALL READ AS FOLLOWS:
Chapter 5 Taxicab Operators
6200. Definition Taxicab. Taxicab" means a motor vehicle, as that
term is defined in the Vehicle Code, used for the transportation of pass-
engers for hire, when driven by the owner or by an agent of the owner at
rates per mile, per trip, per hour, per day, per week, per month, or per
other period of time, which vehicle is routed under the direction of the
passengers or other persons hiring such vehicle.
6201. Definition Taxicab Operator. Taxicab operator" means a person
engaged in the business of running, driving, or operating one or more taxi-
cabs and soliciting or accepting passengers in such taxicab or taxicabs for
hire, either at a taxicab stand or elsewhere, within the City of Baldwin
Park.
6202. License Required. Every taxicab operator shall procure a
license and pay a fee of $4.8.00 per annum or fraction thereof, plus $12.00
per annum or fraction thereof for each taxicab in excess of four 4.).
6203. In addition to the license fee provided by Section 6202 and as
part of said fee, the applicant shall pay quarterly a charge of three-
fourths of one percent 75%) upon his gross taxicab business conducted in
whole or in part within tine City of Baldwin Park. Said charge of three-
fourths of one per cent 75%) is due and payable quarterly, as shown below:
1st Quarter ends March 31, due March 31, and delinquent April 30.
2nd Quarter ends June 30, due June 30, and delinquent July 31.
3rd Quarter ends September 30, due September 30, and delinquent
October 31.
4th Quarter ends December 31, due December 31, and delinquent
January 31.
6204. Said charge of three-fourths of one per cent 75%) shall be
self-assessed by the taxicab operator. As a condition of the said license
the City Clerk shall be empowered to audit the books and records of the
licensee to ascertain that the proper amount of the charge has been assessed
and paid.
6205. Council Order. The City Clerk shall not issue a taxicab oper-
ator's license unless and until instructed to do so by the City Council.
ORD 006ê79wS ×P ë ô 6206. Application Form. Every application for a taxicab operator's
license shall be signed by the applicant and shall contain:
a) Name and address of the applicant.
b) If the applicant is a corporation, the names and addresses of
its directors.
c) Location of taxicab stands requested.
d) Places on private property, if any, where applicant intends to
park taxicabs while awaiting passengers and, if none, a state-
ment of that fact.
e) Area within which applicant proposes to operate.
f) Kind and amount of public liability and property damage insurance
covering each vehicle to be used for the acceptance of pass-
engers for hire within the City.
g) Taxicab color scheme and insignia.
h) Owner's trade name and business address.
i) Number of vehicles to be used for accept" passengers for hire
within the City, their make, model year, and seating
capacity.
j) Schedule of rates proposed to be charged.
k) Applicant's estimate of the need of taxicab service in the area
which he proposes to serve and taxicab service in such area
now being provided by others.
1) Such further information as either the Chief of Police or the
City Council may require.
6207. Hearing and Notice. Upon receipt of a copy of an application
for a taxicab operator's license, the City Clerk shall:
a) Set a date for a public hearing on the application.
b) Serve notice of such hearing upon the Chief of Police, the Road
Commissioner, the applicant, and upon all licensees whose
licenses specify a definite area of operation any part of
which is in the area applied for.
6208. Action by Chief of Police. Upon receipt of an application for
a taxicab operator's license, the Chief of Police shall:
a) If the application is for the renewal of an existing license
and the Chief of Police is of the opinion that it should be
granted, transmit a copy of the application to the City
Council with a statement of such facts. If or when the
applicant has filed with the City Clerk either the under-
taking or policy of insurances set forth in Section 6206
sub. f), which undertaking or policy has been approved by
the City Attorney, the said Clerk shall transmit such copy
and such statement to the license collector.
b) In other cases, the Chief of Police shall investigate the appli-
cant and transmit one copy of the application to the City
Clerk with a statement of his findings and one copy of the
application to the Road Commissioner.
6209. Report by Chief of Police. Prior to the hearing the Chief of
Police shall inform the City Council as to whether or not, in his opinion,
the applicant is a fit person to possess a taxicab operator's license,
and shall give his reasonsfbr his Opinion.
6210. Recommendations to City Council. At any time before the
hearing upon an applicatioh for a taxicab operator's license, the Road
Commissioner, the traffic committee, or any committee which has for its
purpose or one of its purposes the investigation of traffic and parking
conditions, may advise the City Council whether the granting of one or
more of the taxicab stands applied for would hamper the free flow of
traffic or for any reason be detrimental to traffic conditions and may
recommend that such taxicab stands be granted or denied.
ORD 006ê79wS ×P ë ô 6211. Action by,City Council. The City Council shall determine
whether or not:
a) Public convenience and necessity justify the operation of the
taxicabs or any number thereof from the area specified in
the application.
b) The applicant has filed the proper insurance.
c) The proposed color scheme and insignia is the same as, or so
nearly like that of, any existing taxicab operator so as to
deceive or tend to deceive the public.
d) The schedule of rates proposed to be charged is too high or too
low, and what rate will yield a fair return.
e) Applicant is a fit and proper person to have a taxicab oper-
ator's license.
6212. In the event the City Council shall determine public con-
venience and necessity justify the operation of taxicabs by the applicant
in the area specified, that the applicant has filed the proper insurance,
that the public will not be deceived by the proposed color scheme, that
the schedule of rates will yield a fair return, and the applicant is a fit
and proper person to have a taxicab operator's license, then the City
Council may grant a license subject to such conditions and terms as it
may deem reasonable and proper. The City Council may grant said license
for such period of tine as they deem reasonable, subject to the pro-
visions of the payment of annual and/or quarterly fees. Any franchise
granted for a term of years shall be adopted by a resolution of the City
Council."
SFLTION 2. SECTION 6128.62 IS HER EM AMENDED TO READ AS
FOLLOWS:
6128.62. Vending Machines Operators. Weighing and vending machines.
For every person carrying on the business of renting, leasing or main-
taining any weighing machine or any other similar machine or device, where-
by a sum is charged by means of a coin, slot, or otherwise, except as pro-
vided herein, the sum of $1,.8.00 per annum or fraction thereof. Each
application for such license shall describe the type of machine, the
serial number, if any, the name of the manufacturer and the location where
each machine is to be operated. Each machine shall also bear the name of
the licensee in plain view in letters of not less than one-fourth 1/Q)
inch in height, except as otherwise herein provided. A person owning and
operating his own business at a fixed place of business within the City
of Baldwin Park who is also the bona fide owner of the weighing or vending
machine shall not be required to secure a vending machine operator's
license, provided, however, that each owner of a vending machine or
weighing machine shall secure a license for each machine, as follows:
a) Juke Boxes. Coin operated devices used for the disbursing
of music, the sum of $24.00 per machine per annum, or
fraction thereof, whether the same is used by the owner
of a place of business or is independently owned.
b) Weighing machines. Coin operated devices used for the
purpose of weighing, the sum of $2.00 per machine per
annum, or fraction thereof, whether the same is used by
the owner of a place of business or is independently owned.
c) Vending machines requiring five cents 5 cents) or less to
activate the mechanism and soft drink vending machines,
the sum of X2.00 per machine per annum, or fraction
thereof, whether the same is used by the owner of a
place of business or is independently owned.
d) For every kind of coin vending machine not specified herein,
the sum of 524.00 per machine per annum, or fraction
thereof, whether the same is used by the owner of a place
of business or is independently owned."
ORD 006ê79wS ×P ë ô SECTION 3. SECTION 6128.33 IS HE:RLEBY AME111DED TO READ
AS FOLLOWS:
116128.33. Dairy and Dairy Products. For every person con-
ducting a wholesale or retail dairy products business from a fixed
place of business within the City of Baldwin Park, the following
sums:
a) For a producer-distributor, the sum of 436.00 for the
first vehicle per annum, or fraction thereof, and
46.00 for each additional vehicle per annum, or
fraction thereof.
b) For a person who is a producer only no retail operation),
the sum of 412.00 per annum, or fraction thereof.
c) For a person who is a distributor only, the sum of 42!,..00
for the first vehicle per annum, or fraction thereof,
and 412.00 for each additional vehicle per annum, or
fraction thereof.
For every person conducting a wholesale or retail dairy products
business which shall have no fixed place of business within the City
of Baldwin Park, the following sums:
a) For a producer-distributor, the sum of 436.00 for the
first vehicle per annum, or fraction thereof, and
412.00 for each additional vehicle per annum, or
fraction thereof.
b) For a person who is a distributor only, the sum of
436.00 for the first vehicle per annum, or fraction
thereof, and 412.00 for each additional vehicle per
annum, or fraction thereof.
SECTION 4. SECTION 6128.1,.8 IS HEREBY AMENDED TO READ
AS FOLLOWS:
612$.1+8. Industries. For every person conducting a manufactur-
ing or fabricating industry, not otherwise herein specifically provided
for, the sum of 424.00 per annum, or fration thereof, for the first
three 3) employees, and for each additional employee more than three
3) employed in said business, as determined by the maximum number of
persons employed by said business in the City of Baldwin Park during
the month of December immediately preceding the licensing period, the
sum of 42.00 for each additional employee. In no event shall the license
fee herein provided exceed the sum of 4200.00 per annum."
SECTION 5. LOT SPLIT REGULATIONS, PROVIDING FOR LOT
SPLIT LAND DEVELOPM~T.
A NEW CHAPTER IS 1&-1EBY ADDED TO ARTICLE IK OF THE BALDWIN PARK
MUNICIP1iL CODE TO BE KNOWN AS CHAPTER 3, AND SHALL READ AS FOLLOWS:
Chapter 3- Lot Splits and Subdivision
by Metes and Bounds.
9300. Lot splits and subdivision by metes and bounds shall refer
to improved or unimproved land or lands divided or proposed to be
divided for the purpose of sale by conveyance, or by contract, or by
agreement, whether immediate or future, into four 4) or less parcels,
and shall be designated in this Chapter as Lot Splits".
9301. Prior to the time when lot splits are to be offered for
sale, the owner or his agent shall notify the Planning Commission in
writing of his intention to sell such offering.
ORD 006ê79wS ×P ë ô 9302. No lot splits shall be sold or offered for sale until the
same shall comply with all the provisions of Chapter 2, Article IX,
of the Baldwin Park Municipal Code, Subdivision Regulation Section 9200
and 19as following Section 9200. In the event that a lot split shall
not conform with the provisions of the subdivision regulations, then
the owner or his agent may file a petition with the Planning Commission
for approval thereof. The Planning Commission shall set for hearing
and shall review said petition and shall recommend to the City Council
the approval, denial, or conditional approval of the proposed lot split.
9303. A petition for lot split approval shall contain the fol-
lowing
a) Name and address of owner and date title acquired.
1) If acquired within less than one year prior to the date
of petition, the name of former owner.
b) Name and address of agent, if any.
c) Legal description of the various lot splits.
d) Three 3) plot maps drawn by a registered civil engineer
or licensed surveyor and in conformity with the following:
1) Scale not less than one inch 1") to twenty-five feet
25 ft.)
2) The location, names and existing widths of all adjoining
highways, streets, or ways.
3) The approximate grades of all highways, streets and ways.
4) The widths and approximate locations of all existing or
proposed easements, whether public or private, for
roads, drainage, sewers, or public utility purposes.
5) The approximate lot layout, and the dimensions of each lot.
6) The proposed use of each lot split.
7) Date, north point, and name and address of owner.
g) The areas to be offered for dedication for public use.
9) Highway, street or way improvements to be made, including
curbs, gutters and pavements.
10) The existence of permanent survey monuments and ties to
existing survey monuments.
9304. Each petition shall be accompanied by the following fees:
a) $10.00 plus the additional sum of $10.00 for each parcel in-
cluded in the lot split.
b) In addition thereto tiere shall be a $5.00 inspection fee for
the initial inspection by the City Engineer, which shall be
payable at the time of filing the petition. Request for
additional inspections by the owne r shall be accompanied by
an additional 95.00 inspection fee.
ORD 006ê79wS ×P ë ô 9305. After review of the said map by the Planning Commission,
they shall approve conditionally, approve, or disapprove, the map and
shall report such action directly to the owner and to the City
Council and to tile City Engineer, and, in the event there shall be
no acting City Engineer, then to the City Administrator.
9306. Reports to the City Council. After the receipt of a map
which has been reviewed by the Planning Commission, the City Engineer
shall report in writing to the City Council as to the compliance or
non-compliance by the owner with any conditional approval of the said
map.
9307. Upon receipt of the map from the Planning Commission and
the report of the City Engineer in the event of conditional approval
of the map, the City Council shall review the matter and make its
findings as to the following:
a) That the proposed lot split does not adversely affect the
comprehensive zoning map of the City of Baldwin Park.
b) That the proposed lot split does not adversely affect the
highway, street, or way designs of the City of Baldwin
Park.
c) That the proposed lot split provides for any needed curbs,
gutters, or pavement hookup.
d) That the said curbs and gutters or pavement, if any, have
been installed according to the specifications of the
City Engineer.
e) That the said proposed lot split has adequate survey monu-
ments.
f) That the said lot split is in compliance with the sub-
division regulations of the City of Baldwin Park as to
Section 9210 of the Baldwin Park Municipal Code, Lot
Design; 9210.3 of the Baldwin Park Ynznicipal Code,
Additional Parking Area for Commercial Use; 9210.1+ of
the Baldwin Park Municipal Code, Lot Side Line Angle;
and Section 9228.4 of the Baldwin Park Municipal Code,
Dedication of Private Streets."
SEECTICN 6. SECTION 6128 IS 1M EBY A1~MDED BY ADDING A
NEW SECTION TtMETO TO BE MWN AS SECTION
6128.331.
6128.331. Dance Halls. Every person conducting, operating or
managing a public or private dance hall, the sum of $75.00 per annum, or
fraction thereof; excluded from such licensing shall be dance halls
which are conducted by non-profit corporations or fraternal organi-
zations as incidental to a social gathering and which dances are not
held at regular intervals:"
SECTION 7. This Ordinance is hereby declared to be for the
immediate preservation of public peace, health and safety. A declaration
of the facts constituting its urgency is as follows:
The City of Baldwin Park was incorporated on January 25, 1956.
Prior to that time the area encompassed in said city was covered by the
ordinances of the County of Los Angeles. Upon the incorporation of
said City, said ordinances no longer had any effect upon or application
to persons or property within the City of Baldwin Park. It therefore
ORD 006ê79wS ×P ë ô was necessary to immediately enact Ordinance No. 1 in order to
prevent complete chaos within the City of Baldwin Park as there
would have been no restraint upon persons in respect to any of
their personal actions or in regard to the use of their pro-
perty. This ordinance as amending and adding to Ordinance No. 1
must for the same reasons take effect immediately; to wait the
thirty 30) day period would cause chaos within the City of
Baldwin Park as there would be no restraint upon persons in re-
gard to any of their personal actions or in regard to the use
of their property.
The City Clerk shall certify to the adoption of this Ordin-
ance and shall cause the same to be published or posted in the
manner required by law, and this Ordinance shall take effect
immediately upon its adoption.
PASSED AND APPROVED this D day of r 1956.
yor
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF MS ANGELES ss
CITY OF BALDWIN PARK
I, Elmer Cook, being the duly elected and qualified Clerk of
the City of Baldwin Park, hereby certify that the foregoing Ordinance
was introduced at the meeting of the City Council held on the 10th
day of February, 1956, and that the same was read in full a nd was
duly adopted as an urgency measure.
City Clerk rr+-
ORD 006ê79wS ×P ë ô ORD. NO. b
AFFIDAVIT OF POSTING BY CITY CLERK
STATE OF CALIFORNIA
COUNTY OP LOS ANGELES ss
CITY OF BALDIJIN PARK
Elmer Cook, being duly sworn, deposes and says:
That I am the duly elected and qualified City Clerk of the
City of Baldwin Park; that on the lbt~i day of February 1956 I
caused to be posted in three conspicuous places a copy o Ordinance
info. 6 as required by law and the Baldwin Park Municipal Code.
liner Cook
Subscribed and sworn to before me
this 47 day of 195
Notary Pubic in and for saaA County mission Mr M,
and State. pi 1
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