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HomeMy WebLinkAbout033CITY OF IRWINDALE COUNTY OF LOS ANGELES, CALIFORNIA ORDINANCE NO. 33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REGULATING TAXICABS AND TAXICAB STANDS. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. Definitions. For the purpose of this ordinance, the following terms shall have meanings here given to them. "Taxicab" includes every motor vehicle used in the business of carrying; passengers for hire, and the des- tination and route of which are under the control of the passenger or passengers being carried therein. "Owner" means every person owning or controlling any taxicab. "Driver" shall mean every person in actual charge and control of any taxicab as the driver thereof. "Taxicab Stand" and "Stand" means a portion of the street designated by the Council for the use of taxicabs while waiting for employment. SECTION 2. Permit Required. No owner shall operate any taxicab owne or contr Tled by such owner in the business of carrying passengers for hire, or maintain any taxicab stand, unless such owner has a permit so to do as provided in this ordinance. SECTION 3. Application for Permit. Any owner desiring to obtain the permit required by this ordinance shall make application therefor to the Council. Each application shall be accompanied by a bond or policy of insurance and permit fee as are provided for by this ordinance, and shall be in writing and shall set forth the following: (a) The name, age, business and residence add- resses of applicant, if a natural person; or if a corpor- ation, its name, date, and place of incorporation, add- ress of its principal place of business, and the names of its principal officers, together with their respec- tive residence addresses; or if a partnership, associa- tion or unincorporated company, the names of the partners or of the persons comprising such association or company, and the business and residence of each partner or person. (b) A description of each taxicab which the applicant proposes to use, the name of the manufacturer, engine and serial numbers, and state license number thereof. (c) The name, monogram or insignia proposed to be used on such taxicab or taxicabs. 167 (d) The schedule of rates of fare proposed to be charged for carrying passengers in such taxicab or taxicabs. (e) The street number and exact location of the place or places where the applicant proposes to stand each taxicab. (f) If the applicant desires a taxicab stand ,.. upon a public street within the City, he shall so state in his application and shall set forth the names and re- spective addresses of all lessees, sublessees, and owners in actual or constructive possession of the ground floor of any building or parcel of real property contiguous to that portion of street where the taxicab stand is pro- posed to be located. The applicant shall also accompany the application with the written consent of all of said lessees, sublessees, and owners of said building or parcel of real property to the location of such taxicab at the proposed location. The signatures of such lessees, sub- lessees, and owners shall be acknowledged before a duly commissioned Notary Public. (g) The applicant shall furnish such additional information as the Council may require. (h) If the Council requires, the applicant or applicants shall appear personally before the Council, if he be an individual, and the officers of such applicant shall so appear personally if the applicant be a corpor- ation. SECTION 4. Grantin Permit. Upon receipt of any application referred o in E e preceding Section, the Council shall make investigation, and may thereafter grant the same if it shall find: (a) That the bond or policy of insurance re- quired by this ordinance has been furnished, and that the same is in the form required, and that the surety thereon is approved by the Council; and (b) That each taxicab described is adequate and safe for the purpose for which it is to be used, and is equipped as herein required; and (c) That the applicant is of good moral character, has complied with all the terms and conditions of this r^ ordinance, and is competent to operate a taxicab business; and (d) That the public convenience or necessity require the operation of such taxicab or taxicabs within the City; and (e) That the name, monogram or insignia to be used upon the taxicab or taxicabs is not in conflict with and does not imitate any other name, monogram or insignia used by any other person heretofore licensed by the Council in such manner as to be misleading or tend to deceive or defraud the public; and 1-68 (f) In case of an application for a taxicab stand, that the location of said stand is such that it will not congest or interfere with travel on any street, and is not prohibited by any ordinance of the City. (g) That the schedule of rates of fare proposed to be charged are fair and reasonable. The granting of the permit shall constitute the approval of the Council of the proposed schedule of rates. .� SECTION 5. Location of Taxicab Stand, Markin . The Council shall designate n any permit granted the exact location of the taxicab stand. Such permit shall also specify the exact number of feet and location of any parking or stand space reserved for the taxicab stand, which reserved space may be at any time changed, dimin- ished or increased by the Council. Every taxicab stand as designated by the Council shall be indicated by red paint or other red material upon the entire curb surface thereof, with the word "Taxicabs Only" in white letters thereon. SECTION 6. P_a_r�kin Taxicabs. Limit. No owner or driver of any taxicab steal park or s an the same upon any public street in the City, other than at a taxi- cab stand for which the owner has a permit, for any per- iod of time longer than is necessary to discharge passen- gers then waiting for the taxicab; provided further, that a taxicab shall in no case be parked for a period longer than five minutes on any street within the City, except in a taxicab stand for which the owner has a permit. This section shall not apply to any taxicab while the same is engaged by and being paid for by a passenger. SECTION 7. Taxicab Stand. Joint Use. Any taxi- cab stand that is gran ed o any person may_Ue used jointly by any two or more persons holding permits under this ordinance, by the mutual consent of the persons, which consent must be first reduced to writing, properly signed, and filed with the City Clerk. SECTION 5. Same. Change of Location. No taxi- cab stand shall be changed withou obtaining a permit from the Council after application, as provided in this ordi- nance. SECTION 9. Permit Fee. A permit fee shall be required for every person requesting a permit under this ordinance. The permit fee shall be in addition to any business license which the permittee shall be required to pay. The permit fee shall be Five Dollars where no taxicab stand permit is requested. Where a permit for a taxicab stand or stands is requested, an additional sum of Five Dollars will be reauired for the stand. In the event that an application is denied, the permit fee posted with the application shall be refunded to the applicant, after first deducting therefrom all costs sustained by the Council in investigating any action upon the appli- cation. 169 SECTION 10. Permit and License not Transferable. No license or permit, granted the ouncif pursuant to the provisions of this ordinance, may be transferred to another. SECTION 11. wing; of Rates, Application, and Hearing. Should an owr a taxicab desire to change hhTs schedule of rates, he shall make written application to the Council so to do. Upon receiving such application the Council shall conduct a public hearing upon the appli- cation, and shall give the applicant at least 10 days; written notice of the time and place of such hearing. Upon the hearing the Council shall determine whether the rates shall be changed, and shall have the right to deny the application, or may make such change as it determines the facts warrant. The decision of the Council upon the hearing shall be final and conclusive. SECTION 12. �Change of Rates. Prohibited Without a Permit. No owner or do0° any taxica6—within_iF e 7iiy sFall charge any rate different from the schedule of rates on file and approved by the Council. SECTION 13. Bond Required. No owner or driver of a taxicab shall drive or opt a taxicab within the City, and no permit for the operation thereof shall be granted unless there is on file with the City Clerk and in full force and effect at all times while such taxicab is being operated, either: (a) A bond of the owner of such taxicab, app- roved by the Council, with a solvent and responsible surety company authorized to do business in the State of California as surety in the sum of Twenty Thousand Dollars, condi- tioned that the owner will pay all loss or damage that may result to persons (including passenger in said taxi- cab) or property from the negligent operation or defec- tive construction of such taxicab, or from the violation of the provisions of this ordinance or of any other ordi- nance of the City of Irwindale, or of any law of the State of California. Recovery on said bond shall be limited to Fifty Thousand Dollars for the injury or death of one person, and to one Hundred Thousand Dollars for injury and destruction of property. The bond shall run to the City of Irwindale, and shall insure by its terms to the benefit of any and all persons suffering loss or damage covered thereby, and shall provide that suit may be brought there- on in any court of competent jurisdiction by any such person. The bond shall provide that there shall be a continuing liability thereon, notwithstanding any recovery thereon. If at any time in the judgment of the Council, the bond is not sufficient for any reason, the Council may require theownerto replace the bond with another bond or with a policy of insurance as hereinafter provided, satisfactory to the Council, and in default thereof, may revoke such owner's permits and license; or (b) A policy of insurance, approved by the Council, in a solvent and responsible company authorized to do business in the State of California, insuring the owner of such taxicab against loss by reason of injury or damage that may result to persons (including passengers in said taxicab or property from the negligent operation or de- fective construction of such taxicab, or from violation of this ordinance or any other ordinance of the City of Irwindale, or of any lava of the State of California. Said policy may be limited to Fifty Thousand Dollars for the injury or death of one person, and One Hundred Thousand Dollars for the injurty or death of two or more persons in the same accident, and to Five Thousand Dollars for destruction of property. Said policy of insurance shall guarantee the payment to any and all such per- sons suffering injury or damage to person or property, and to those entitled to recover for the death of any such person, of any final judgment rendered against such owner within the limits above mentioned, irrespective of the financial condition or any actions or omissions of such owner, and shall insure to the benefit of such persons and those entitled to recover for the death of any such person. Notice of cancellation of any such policy of insurance shall be given to the City not less than thirty (30) days prior to the cancellation date. If such policy of insurance is cancelled, the Council shall require said owner to replace such policy with another policy or bond as above provided, satisfactory to the Council, and in default thereof may revoke such owner's permit and license. SECTION 14. License Required. Every person oper- ating a taxicab within Tne City sem—obtain a business license therefor and pay to the City the business license fee provided for by ordinance of the City. The business license shall'be issued in the same manner provided by ordinance of the City for the issuance of other business licenses, but shall not be issued for the use of such taxicab or taxicabs until a permit for the use of such taxicab or taxicabs has been obtained as provided in this ordinance. SECTION 15. Driver. ualification. No person shall operate or drive 6—nytaxicab within te City unless such person: (a) is over the age of 21 years; (b) is of good moral character; (c) can speak the English language sufficiently to deal with passengers; and (d) possesses a chauffeur's license issued by the Department of Motor Vehicles of the State. SECTION 16. Taxicab. Unsafe or Unsanitary Condition. No owner sha-1I drive atax cab within the City while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe, or unsanitary condition. Every taxicab shall at all times be subject to the inspection of the Sheriff or Health Inspector of the City. SECTION 17. Driver. Time to Operate Taxicab. No person shall drive or operate any-Eax c�or more than twelve hours spread over a total of sixteen consecutive hours, or operate or drive any taxicab, after having been on duty, either operating or driving a taxicab, or in any office or garage of the holder of any taxicab permit 171 hereunder, or at any taxicab stand, or any combination of such acts, for more than twelve consecutive hours spread over a total of sixteen consecutive hours. No person shall drive or operate any taxicab unless such driver has had at least eight consecutive hours of rest, while not on duty, within the last preceding twenty-four hours, during which eight consecutive hours he shall have per- formed no acts or duties in connection with the taxi- cab business. SECTION 18. Taxicab. Name, Etc., Painted on Side. Every taxicab shall—have paced or of x�pon �e exterior part of a door on each side of the same, the name of the owner of the fictitious name under which the owner operates, together with the telephone number of the owner, in distinct letters not less than two and one-half inches in height and not less than five -sixteenths of an inch stroke. SECTION 19. Most Direct Route. The driver of a taxicab shall carry passengers bye m hhost direct route possible that will carry such passengers safely and ex- peditiously to their destination. SECTION 20. Change of Name, Etc. Permit. No permittee shall change its name, monogram or i sn ignia without first making application to the Council for a new taxicab permit and the granting of such permit. SECTION 21. Solicitation by Outcry. No persons engaged in the businesses carrying passengers for hire, shall advertise such business or solicit patronage therefor by public outcry or oral solicitation on any public street. SECTION 22. Refusal to Pay Fare. No person shall refuse to pay the legal fare of any taxicab licensed under this ordinance after having hired the same, and no person shall hire any taxicab so licensed with the intent to defraud the person from whom it is hired. SECTION 23. Replacin Taxicabs. Permit Required. In the event that any o er of as permit s oouuiT es�� replace any taxicab, for which he has a permit, by another taxicab, he shall apply to the Council for a permit so to do. Such application shall be accompanied by all perti- nent information and data required to be furnished by this ordinance, and shall be accompanied by a bond or policy or insurance of the type required by this ordinance. In the event that the Council finds that such taxicab fulfills the requirements set forth in this ordinance, it shall grant a permit permitting such replacement. The findings and decision of the Council upon the application shall be final. SECTION 24. Additional Taxicabs. Permit Re- quired. No holder of a permit sha lloperate any taxicabs in addition to those specified in the permit without makinrr application for a permit so to do and without being granted a permit as provided in this ordinance. 172 SECTION 25. Revocation of Permit. Manner of. Any permit granted pursuan to e prove ions__o_T_'cFiis ordinance may be revoked by the Council for violation of the provisions of this ordinance, or of any other ordi- nance of the City, or of any law of the State, or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether the state of facts existed at the time appli- cation was made for such permit or not. No permits shall be revoked except in the following manner: A. The Council shall fix a time and place for the hearing of the issue of the revocation of the permit and shall cause the City Clerk to serve the permittee with notice of the time and place of hearing, together with a statement of charges which are the basis for the hearing, at least ten days before the time fixed for the hearing. B. The City Clerk may serve the notice and statement upon permittee personally or may serve the same upon permittee by delivering the same by registered United States mail, postage prepaid, to permittee, at the address given in his application for permit. C. The hearing shall be public and permittee shall have the right to produce witnesses on his own behalf and to be represented by an attorney. D. The findings and decision of the Council upon such hearing shall be final and conclusive. SECTION 26. Renewal of Permit after Revocation. In the event that the pert of any person haseenrevoked by the Council, such person shall not be granted a permit for a period of six months after such revocation. SECTION 27. Revocation of Permit. Six Months. In the event that theaxic'cab permit of any person i� been revoked by the Council, such person shall not drive any taxicab within the City for a period of six months after the revocation of such permit. SECTION 28. Failure to Use Stand. In the event that any person holding a permlT E`o op_e ra e and maintain a taxicab stand should fail, for a period of two consecu- tive weeks, to use such taxicab stand for his taxicabs, '"R the Council may revoke such taxicab stand permit after a hearing as provided in this ordinance. SECTION 29Parking Vehicle in Taxicab Stand. No person shall park anyny ve c ein any taxica s atnd except a taxicab permitted so to do by permit granted by the Council. SECTION 30. Consent of Pa_ss�eneer_s. No operator, driver or owner of any taxicabshag so � It or carry any passenger after such taxicab shall have been engaged or while in use for another passenger without the consent of the passenger first engaging the same having been first 173 obtained. A passenger or passengers engaging such taxi- cab shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he desires the same. SECTION 31. Violations, a Misdemeanor. No person shall violate any 'provision—, orcomply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall "^ be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars or by imprisonment in the City or County Jail for a period not exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a sep- arate offense for each and every day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by such person, and shall be punishable accordingly. SECTION 32. Publication and Effective Date. This ordinance shall to ec—e f�tFlrty days a7ter �Ehe date of its adoption and, prior to the expiration of fifteen days from the passage thereof, shall be posted in three public places within the city limits of the City of Irwindale, as prescribed by Resolution No. 57-1. ADOPTED this 25th day of November, 1957. • ATTEST: Wl I, MERLE H. MATHESON, City Clerk of the City of Irwindale, do hereby certify that the above Ordinance No. 33 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of November, 1957. That not less than 5 days !^ thereafter said ordinance was duly adopted and passed at a regular meeting of the City Council on the 25th day of November, 1957, by the following vote: Ayes BARBOSA, DIAZ, MARTINEZ, MIRANDA, ORNELAS Noes NONE Absent NONE I further certify that said ordinance was there- upon signed by the Mayor of the City of Irwindale. City Clerk 1V STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF IRWINDALE M. H. MATHESON, being first duly sworn, deposes and says; That he is the City Clerk of the City of Irwin- dale, California, and is and was at all times herein men- tioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On November 26, 1957, he securely and conspicuously posted at each of the public places in said city, to wit: (1) 5140 North Irwindale Avenue (2) Post Office on Irwindale Avenue (3) Southwest corner of Arrow Highway and Irwindale Avenue a copy of Ordinance No. 33 of the city of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: November 25, 1957 City Clerk of the ClEy of Irwindale, California Subscribed and sworn to before me this 26th day of November 1957 Notary Public in and for "` said County and State My Commission Expires November 4, 1961