HomeMy WebLinkAboutORD 109ORD 109ê79wV ×P ç h
i
ORDINANCE NO. log
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING
TAXICAB PROVISIONS OF THE BALDWIN
PARK MUNICIPAL CODE.
The City Council of the City of Baldwin Park does
ordain as follows:
Section 1. That Chapter 5, Article VI, of the
Baldwin Park Municipal Code, entitled TAXICAB OPERATORS,"
is amended to read. as follows:
Chapter 5
TAXICABS
6200. SHORT TITLE. This chapter shall be known
and may be cites as e Taxicab Ordinance".
6201. DEFINITIONS. The following words and
phrases, whenever use n this Chapter, shall be con-
strued as herein defined%
a) Taxicab" shall mean every motor vehicle,
as defined in.the State Vehicle Code, used for the trans-
portation of passengers for hire under the direction of
the person hiring the same, having scheduled rates for
distance travelled, or for waiting time, or for both,
and not operated on a fixed route.
b) Taximeter" shall mean a meter instrument
or device attached to a taxicab which mechanically mea-
sures, calculates and registers, by means of figures, the
fare, the distance travelled and the waiting time upon
which the fare is based.
c) Taxi Stand" or Stand" shall mean a
public place alongside the curb of a street or elsewhere
in the City, designated by the City Council as reserved
exclusively for the use of taxicabs.
d) Owner" shall mean the holder of a taxi-
cab license, permit and certificate under this chapter.
6202. LICENSE. Every person engaging in the
business of eperaing taxicabs in the City of Baldwin
Park shall pay to the City an annual license fee of
$200.00, plus $5.00 Por each taxicab used in the busi-
ness, such fee to be paid as provided in Chapter 1 of
this article.
6203. PERMIT AND CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY. o person shall engage n e business o
operating a Taxicab in the City of Baldwin Park without
first obtaining a permit so to do and a certificate of
public convenience and necessity from the City Council.
1-
ORD 109ê79wV ×P ç h 6204. APPLICATION. Every application for a li-
cense, permit an ce icate of public convenience and
necessity to engage in the taxicab business shall be
filed with the Chief Administrative Officer and shall
contain:
a) The name and address of applicant;
b) If applicant is firm, association or
partnership, the names and addresses of each member
thereof;
c) If applicant is a corporation, the names
and addresses of each officer and member of the board.
of directors and of any person owning more than 20%
of the voting stock;
d) The places on private property, if any,
where applicant intends to park taxicabs while
awaiting passengers and, if none, a statement of
such fact;
e) A description of the taxicabs which the
applicant-proposes to use, giving the type, name of
the manufacturer and. seating capacity of each such
vehicle;
f) The color scheme, name, monogram or in-
signia to..be placed on the taxicabs;
g) A schedule of rates or fares to be
charged;
h) The street number and exact location of
each taxicab stand which the applicant proposes to
use;
i) A request and agreement on the part of
the applicant that the City mark and. otherwise pre-
pare and maintain each taxicab stand at the appli-
cant's expense, such cost to be paid by the applicant
immediately upon being billed therefor by the City;
J) The written consent of the owner or les-
see of any real property fronting on any taxicab
stand. located in the street; or, if there be an
occupied building on such real property, the written
consent of all of the occupants thereof;
k) The financial status of the applicant,
includIng-the amounts of all unpaid judgments against
the applicant and the nature of the transaction or
acts giving rise to said judgments;
1) The experience of the applicant in the
transportation of passengers;
m) Any facts which the applicant believes
tend to prove that public convenience add necessity
require the granting of a certificate.
6205. INVESTIGATIONS. Upon the filing of such
application, the e Administrative Officer shall
refer the same to the Chief of Police for investigation.
The Chief of Police may require the applicant or any
person named in the application to be fingerprinted and
photographed. Upon completion of the investigation,
2-
ORD 109ê79wV ×P ç h the Chief of Police shall report his findings to the
Chief Administrative Officer and shall either approve
or disapprove the application. The application shall
be approved unless he finds that:
a) The applicant or any person mentioned in
the application is not a person of good moral
character;
b) Any vehicle proposed to be operated is
inadequate or insufficient for the purpose intended
or is insufficiently equipped with reasonable safety
devices;
c) The applicant proposes to engage in said
business under a fictitious name which, in the opin-
ion of the Chief of Police, imitates or so closely
resembles the fictitious or real name of any person,
firm or corporation already engaged in the same
business in the City as may tend to deceive the
public;
d) The applicant proposes to use upon his
vehicles a peculiar or distinguishing color scheme or
design which, in the opinion of the Chief of Police,
imitates or so closely resembles a color scheme or
design already used upon the vehicles of any other
person, firm or corporation engaged in the same
business as may tend to deceive the public;
e) The granting of such permit would be in
violation of any law or would endanger the public
health, peace, morals or safety.
6206. HEARING. Upon receipt of the report from the
Chief of Po ce, the Chief Administrative Officer shall
refer the matter to the City Council, which shall cause
a hearing to be held in regard thereto, if it deems a
hearing to be necessary. Notice of such hearing shall
be given to all persons to whom certificates of public
necessity and convenience have been theretofore issued
for the same type of business. Due notice shall also
be given the general public by posting a notice of such
hearing on the bulletin board in the City Hall. Any
interested person may file with the City Council a memo-
randum in support of or opposition to the issuance of a
certificate. At such hearing, testimony and other evi-
dence may be received, not necessarily limited to the
matters contained in the application.
6207. GRANTING OF PERMIT AND CERTIFICATE. If the
City Council finds a e service propose by the
applicant is required by the public necessity and con-
venience, that no owner presently licensed and certif i-
cated.can provide such service, and, that the applicant
is fit, willing and able, financially and otherwise, to
perform taxicab service in the City and to comply with
all applicable laws and regulations, the City Council
shall grant the application; otherwise, the application
shall be denied. In making its findings, the City
Council shall take into consideration the number of
similar vehicles already in operation, whether existing
transportation is adequate to meet the public need, the
readiness, willingness and ability of existing operators
to meet the public need, the probable effect of increased
service on local traffic conditions, and the character,
experience and responsibility of the applicant.
3-
ORD 109ê79wV ×P ç h 6208. ISSUANCE OF PERMIT CERTIFICATE AND LICENSE.
If the perm an cer ca e o public convenience and
necessity are granted, the City Clerk shall issue the
same and cause the application to be approved and trans-
mitted to the Tax Collector for licensing pursuant to
the provisions contained in Chapter 1 of this Article.
6209. INSURANCE.
a) Before any permit is issued, the applicant
shall file with the City Clerk, and thereafter keep
in full force and effect, a policy of insurance issued
by a solvent and responsible insurance company author-
ized to do business in the State of California, ap-
proved by the Chief Administrative Officer and by the
City Attorney as to form. Such policy of insurance
shall insure the applicant and the driver of each
taxicab operated or to be operated under the permit
against liability for damage to property and for in-
jury to or death of any person as a result of owner-
ship, operation or other use thereof, the minimum
liability limits upon each such vehicle being not
less than One Hundred Thousand Dollars $100,000.00)
on account of injury to or death of any one person
in any one accident, Two Hundred Thousand Dollars
$200,000.00) on account of personal injuries to or
death of two or more persons in one accident,
and Twenty-five Thousand Dollars $25,000.00) for
damage to or destruction of property in any one acci-
dent. Such policy shall contain a provision for
continuing liability thereunder up to the full amount
of coverage thereof, notwithstanding any recovery
thereon, and shall further contain a provision or
endorsement providing that such policy will not be
cancelled until notice in writing shall have been
delivered to the City Clerk at least thirty 30) days
immediately prior to the time such cancellation is
to become effective;
b) If such policy is cancelled or is deemed by
the Chief Administrative Officer to be insufficient
for any reason, or if the insurance company's right
to do business in the State is suspended or revoked,
a new policy shall be promptly filed with the City
Clerk. Failure to file such policy shall be cause
for revocation of the license, permit and certificate
of public convenience and necessity.
6210. EMERGENCY PERMIT. The City Council may, in
case of any pu c emergency or necessity, waive or
modify any or all of the requirements of this chapter
and may issue a temporary permit for the operation of
a taxicab in the City, without a public hearing, to
any person approved by the Chief of Police. Such tem-
porary permits shall be issued for a set period of time
but shall be revocable at the will of the City Council
at any time upon the giving of notice to the permit
holder.
6211. REVOCATION OR SUSPENSION. The City Council
after five days, notice o caring to the holder of a
permit and certificate of public convenience and necessity
and after public hearing, may revoke or suspend such per-
mit and certificate if it is found that any one of the
following causes exist:
4-
ORD 109ê79wV ×P ç h a) Permit holder has failed to pay the annual
license fee;
b) Applicant has failed to make use of his
permit within ninety 90) days from granting of
the certificate;
c) Permit holder has ceased or abandoned
operations under an owner's permit for an unusual
or unreasonable period of time and the public has
suffered detriment thereby, except in case such a.
cessation of operations is the result of labor
strike or public or national emergency, or other
cause beyond the control of the permit holder,
provided that insolvency or financial inability to
continue operations shall not be deemed a cause
beyond permit holder's control;
d) Permit holder's drivers have been guilty
of repeated violations of any provision or pro-
visions of this chapter and permit holder has been
notified thereof;
e) Permit holder's vehicles or any one thereof
have or has been operated in repeated violation of
traffic laws and permit holder has been notified
thereof;
f) Any of permit holder's vehicles has been
operated or driven contrary to the best interests
of the general public, or that the public peace,
health, safety, morals, or general welfare require
revocation or suspension of any owner's permit and
permit holder has been notified thereof;
g) The existence of any state of facts which
would have been good reason to deny such certificate
when applied for, regardless of when such state of
facts arose and permit holder has been notified
thereof;
h) Permit holder has been charging rates
which exceed the maximum allowable pursuant to Sec-
tion 6220 of this chapter and permit holder has
been notified thereof.
6212. TAXICAB DRIVER'S PERMIT, No person shall
drive a taxicab without first obtaining a permit from the
Chief of Police. The Chief of Police, however, may waive
and grant exception to this requirement in the case of a
driver who has a current similar driver's permit issued
by another governmental agency following substantially
the same procedure as this City in the issuance of such
permits. The granting of any such waiver or exception
shall be in the discretion of the Chief of Police and
such waiver or exception may at any time be withdrawn by
the Chief of Police upon notice to the driver involved
and to his employer, if applicable, and thereafter such
driver will be required to obtain a driver's permit from
the Chief of Police before driving any vehicle as afore-
said within the City. The Chief of Police may grant such
waivers and exceptions to an individual driver or to all
drivers of an owner on a collective basis or on a collec-
tive basis with specified drivers excluded from such waiver
and exception. Whenever any such waiver or exception is
granted, the Chief of Police shall issue written evidence
of same to the driver or to the owner as appropriate.
5-
ORD 109ê79wV ×P ç h Where such written evidence is issued on an individual
basis, no driver to whom the same has been issued shall
fail, refuse or neglect to have the same in possession
at all times when operating a vehicle as aforesaid with-
in the City.
6213. APPLICATION FOR TAXICAB DRIVER'S PERMIT.
Any person may apply or a taxicab driver's perm y
paying the City a fee of Two Dollars $2.00) and filing
an application with the Chief of Police. The applica-
tion shall contain:
a) Name, address, age and. fingerprints of
the applicant;
b) Convictions, if any, in the courts of
any state..of the United States, or in any United
States court;
c) The endorsement of the owner by whom he
is to be employed as a driver;
d) Number and expiration date of State of
California chauffeur's license;
e) Such other information regarding the
health,.mentality, character and experience of the
applicant as may be necessary or desirable to enable
the Chief of Police to ascertain applicant's quali-
fications for a driver's permit.
6214. GROUNDS FOR DENIAL OF TAXICAB DRIVER'S
PERMIT. No perm o drive taxicab shall e sued
Eo any of the following persons:
a) Any person under the age of twenty-one
21) years;
b) Any person who has been convicted of a
felony or-of any offense involving moral turpitude;
c) Any person who has been convicted of
driving a.vehicle recklessly or while under the in-
fluence of intoxicating liquors within a period, of
three 3) years prior to the date of the application;
d) Any person who has been convicted of
driving a.vehiele while under the influence of nar-
cotics;
e) Any person not possessing a valid
chauffeur's license issued by the State of California;
f) Any person possessing either physical or
moral deficiencies which in the sound discretion of
the Chief of Police would, render such applicant not
competent to operate a taxicab.
6215. REVOCATION OF TAXICAB DRIVER'S PERMIT. The
Chief of Police may revoke any taxicab driver's permit
issued by him where he finds any one or more of the fol-
lowing causes to exist:
6-
ORD 109ê79wV ×P ç h a) Driver has been convicted of or has for-
mal charges pending against him in any court for the
commission of a felony, reckless driving, pandering,
or the use, sale, possession or transportation of
narcotics or illicit intoxicating liquors, or for
assault or battery;
b) Driver has committed repeated infractions
of traffic laws;
c) Driver has charged rates in excess of
those scheduled and authorized. by driver's employer,
or has violated any other provision of this chapter;
d) Driver has, within or outside the City,
driven any vehicle while under the influence of in-
toxicating liquor, or any drug or narcotic;
e) The existence of any state of facts which
would have been good reason to deny issuance of a
driver's permit when applied for, regardless of when
such state of facts arose;
f) Driver's conduct indicates he is not a
fit and proper person to hold such driver's permit;
g) The protection of the public peace,
health,.safety or morals requires such revocation.
6216. APPEAL TO CITY COUNCIL. Any person ag-
grieved by any decision w respect to the issuance,
granting, refusal to issue or revocation of, a taxicab
driver's permit may appeal therefrom to the City Coun-
cil.
6217. TEMPORARY DRIVER'S PERMIT, At the time
of filing the written application or a taxicab driver's
permit, under Section 6213, the applicant ma apply for
a temporary permit, not to exceed thirty M days.
The issuance of such temporary permit shall be within
the discretion of the Chief of Police and shall not be
issued unless the applicant furnishes written character
references satisfactory to the Chief of Police. Such
temporary permit shall contain all the information
specified, in Section 6213. It shall be unlawful for
any person to operate a vehicle in the City of Baldwin
Park after the expiration date of the temporary permit
unless said person has been issued a permanent taxicab
driver's permit. If, upon investigation, the Chief of
Police ascertains that the applicant for a temporary
driver's permit does not qualify under Section 6214,
he shall forthwith revoke said temporary permit, and
it shall be unlawful thereafter for said applicant to
operate a taxicab in the City of Baldwin Park.
6218. DURATION OF PERMITS AND CERTIFICATES.
Each taxicab owners an r ver s perm an certifi-
cate of public convenience and necessity issued under
this chapter shall be for an indefinite period and
shall remain in effect until suspended or revoked,
except for those permits or certificates limited as to
duration.
6219. NON-TRANSFERABILITY. Permits and certi-
ficates of public convenience and necessity issued
hereunder shall not be transferable.
7-
ORD 109ê79wV ×P ç h 6220. RATES. No taxicab driver or owner shall
charge more than-'Fe following rates for the hire of a
taxicab:
a) Fifty Cents 50¢) per mile;
b) Waiting time at the rate of Five Dollars
$5.00) per hour;
c) Such other rates as may be approved by
resolution of the City Council.
6221. SIGNS AND IDENTIFICATION.
a? vehicles Carrying Passengers for Hire;
For Hire' Signs. very ax ca while standing upon
any street n e City of Baldwin Park awaiting em-
Rloyment may display a sign with the words thereon
For Hire"; such sign shall not exceed one hundred
inches 100") in area;
b) Taxicabs: Card Showing Rates. Every
taxicab shall dispi a car or decal no less than
two inches 2") by ada inches y6"), which shall have
printed thereon the rates to be charged by such ve-
hicle.
c) Taxicabs: Display of Driver's Permit.
Every taxicab r ver, while opera ng a ax ca shall
display his driver's permit to any passenger thereof
upon demand.
d) Taxicabs: Exterior Lettering. Every
taxicab shal a.ve pain e upon e door of said cab
the name of the owner or the fictitious name under
which the owner operates, together with the company's
telephone number and the cab number, and further pro-
vided, that the number of the cab shall be painted
upon the rear of any such vehicle. All of the letter-
ing mentioned in this paragraph shall be of not less
than two and one-quarter inches 2-1/4") in height
and not less than five-sixteenths 516') stroke.
e) Taxicabs: Electric Signs. Every taxi-
cab may disp aI y an elect ca y ed sign attached
to the top of such cab. Every such sign shall be not
more than eight inches 8") high by twenty-four inches
24") in length.
f) Taxicabs: Advertising-Sies, Every taxi-
cab may disp ay a verti-s1ng matter on. e trunk lid
thereof. It may also display the phrase Ride a taxi-
cab, It's Cheaper," above the doors thereof.
g) Display of Other Signs Without Permit
Unlawful. o owner or driver shall spay any sign
other Fan those provided in this section on any of
the vehicles hereinbefore mentioned without first
obtaining the written permission of the Chief of
Police so to do, approved by the City Council.
6222. TAXIMETER INSTALLATION.
a) Duty to Install Taxi Meter and Keep
Correctly Adjusted, o owner operating any tax cab
under e prov s ons of this chapter shall operate
any such vehicle unless it is equipped with a. taxi
meter of such type and design as may be approved by
the Chief of Police and it shall be the duty of
8-
ORD 109ê79wV ×P ç h every owner using any taxi meter to at all times
keep such meter accurate, and such meter shall be
subject to inspection from time to time, and the
Chief of Police or any member of the Police Depart-
ment is authorized at his instance, or upon the com-
plaint of any person, to investigate such taxi meter,
and upon the discovery of any inaccuracy of said
taxi meter to remove or cause to be removed any such
vehicle equipped with said taxi meter from the streets
of the City until said taxi meter shall have been
correctly adjusted;
b) Charges Must be Based on Taxi Meter.
Taxicabs must ase their charge on ax me ers, and
all taxi meters shall be placed so that the reading
dial showing the amount to be charged shall be well
lighted, and readily discernible by the passenger
riding in such taxicab;
c) Dis la of Flag Attached,to Taxi Meter.
No driver of a taxicab, while carrying passengers
shall display the flag attached to the taxi meter
in such a position as to denote that such vehicle
is not employed., or shall throw the flag of taxi
meter in a recording position when such vehicle is
not actually employed, or shall fail to throw the
flag of such taxi meter in a non-recording position
at the termination of each and every service.
6223. PASSENGER SAFETY AND CONVENIENCE.
a) Taxicabs to be Kept Safe and Clean.
Each taxicab shall e ept n a sae, c can and. sani-
tary condition. No person shall drive or operate
such vehicle while it or any equipment used therein
or in connection therewith is defective.
b) Illumination and. Visibilit of S eedometer.
Each taxicab shall be equ ppe with a light o su
ficient candle power, so arranged as to illuminate
the whole interior thereof back of the driver's seat
when thefra*° door of such vehicle is open, and with
a speedometer of standard make, in good working or-
der and placed. so as to be in full view of any person
sitting on the same seat with the driver of the cab.
c) Overloadin of vehicle. No driver of any
taxicab.shal a~ ccept, a e into hrs vehicle or trans-
port any larger number of passengers than the rated
seating capacity of his vehicle.
d) Circuitous Routes. Any driver of a taxi-
cab shall-take the most direct route possible that
will carry the passengers safely and expeditiously
to their destination.
e) Recei t to be Given if Requested. Every
driver of_a taxicab shall, I requested, give a cor-
rect receipt upon receiving full payment for the
correct fare or for the service rendered, and no
driver shall fail or refuse so to do.
f) Twenty-four Hour Service. Service shall
be available at all times.
9-
ORD 109ê79wV ×P ç h
6224. REFUSAL OF PASSENGER TO PAY FARE. No per-
son shall refuse o pay e legal fare of any icab
after having hired the same, and no person shall hire any
such vehicle with the intent to defraud the person from
whom it is hired.
6225. TAXICAB STANDS. Taxicab stands adequate
in size to accommodate e number of vehicles that will
answer the needs of the traveling public may be estab-
lished upon the public street wherever designated by the
City Council. No owner or driver shall leave a taxicab
unattended in a stand for a period of time longer than
three 3) minutes. At least one street stand shall be
equipped with a direct telephone line to the owner's
dispatching point.
6226. UNLAWFUL TO DRIVE UNLICENSED TAXICAB. No
person shall drive a taxicab in e y unless suc
vehicle is licensed in accordance with the provisions of
this chapter.
Section 2. The City Clerk shall certify to the
adoption of this ordinance and cause the same to be published
or posted in the manner required by law. This ordinance shall
take effect thirty days after the date of its adoption.
PASSED and. ADOPTED this 6th day of April
1959.
r
bror~tem:.
ATTEST:
The ma a us, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES: SS.
CITY OF BALDWIN PARK
I, THELMA L. BALKUS, City Clerk of the City of
Baldwin Park, do hereby certify that the foregoing ordinance
was duly and regularly passed and adopted by the City Council
of the City of Baldwin Park at its regular meeting held on
the 6th day of Apri 1 1959, by the follow-
ing vote.
AYES: Councilmen HOLMES, WILSON AND LITTLEJOHN
NOES: Councilmen BIS140P
ABSENT: Councilmen MATOR COLE
J %
Thelma L. Balkus, City Clerk
10-
ORD 109ê79wV ×P ç h
ORDINANCE NO. 109
CERTIFICATE OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS
CITY OF BALDWIN PARK
1 hereby CERTIFY that I am the duly
elected and qualified
City Clerk of the City of Baldwin Park; that on the
9th day of
April 1959, 1 caused to be posted
in three conspicu-
ous places a copy of Ordinance No. 109, as required
by law and the
Baldwin Park Municipal Code.
THELMA L. BALKUS
City Clerk
Babscribed
and sworn to before me this
may + S4~
ice Public
1. and for
the County of Los Anaekl to of California
EVA ELDER PUGH
My Commission Expires March 6, 1963
CERTIFICATE OF PUBLISHING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS
CITY OF BALDWIN PARK
I hereby CERTIFY that I am the duly
elected and qualified
City Clerk of the City of Baldwin Park; that on the
10th day of
April 1959, I caused to be published
in the San Gabriel
Valley Tribune a copy of Ordinance No. 109 as
required by law
and the Baldwin Park Municipal Code.
THELMA L. BALKUS
City Clerk
Subscribed
and sworn to before me this
241111_14~ *..
f
da; of..,:!-
Notary Public
U aN
IH the County of los: gales, Elate of cmwwW
VA ELDER PUGH
My Commission Lxpires March 6, 1963
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