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HomeMy WebLinkAbout459ORDINANCE NO. 459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING TITLE 5 OF THE IRWINDAL MUNICIPAL CODE BY REPEALING, IN ITS ENTIRETY, SECTION 5.28.050 AND ADOPTING A NEW SECTION 5.28.050 PERTAINING TO INSURANCE REQUIREMENTS FOR TAXICABS. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: Section 1. Section 5.28.050 of Chapter 5.28 of Title 5 of the Irwindale Municipal Code, as previously adopted, is hereby repealed in its entirety. Section 2. A new Section 5.28.050 of Chapter 5.28 of eo*�i Title 5 of the Irwindale Municipal Code is hereby adopted, to read, in words and figures as follows: 115.28.050 Insurance Required. "No owner or driver of a taxicab shall drive or operate 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, commercial automobile liability insurance meeting the following requirements for each vehicle listed on the application for a taxicab permit: 1 "A. The insurer must be a carrier licensed and admitted by the California Department of Insurance to sell commercial automobile liability insurance in the State of California and be a member of the California Insurance Guarantee Fund; "B. The policies required must be written with limits of not less than $300,000.00 combined single limit per occurrence or limits of not less than $100,000.00 per person, $300,000.00 per accident, and $50,000.00 for property damage. Such insurance may include a property damage deductible not to exceed $2,500.00 per occurrence; "C. All policies shall contain a provision requiring the insurer to provide at least thirty (30) days prior written notice to the City in the event such policy is cancelled or the limits of coverage modified; "D. Each policy shall contain an endorsement naming the City as an additional insured and providing that such insurance is primary to and not contributing with any other insurance maintained by the City. 2 "Any and all certificates of insurance required in this section shall be attached to the application for the taxicab permit and shall be kept current at all times. In the event insurance required in this section lapses or is otherwise of no effect, this permit shall be deemed to be temporarily suspended, pending a hearing as provided in Section 5.28.090 of this Code. Current permittees shall have ninety (90) days from the effective date hereof to comply with this Section." Section 3. Penalty for violation of ordinance. It shall be unlawful for any person, firm, partnership, ice' 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 Five Hundred Dollars ($500.00), or by imprisonment not exceeding six (6) 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 during which any violation of this Ordinance is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided eon", in this Ordinance. 3 Section 4. Civil remedies available. The 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 a restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of nuisance. Section 5. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 6. The City shall publish this Ordinance in the manner required by law. ADOPTED AND APPROVED this 14th day of January 199$3 4 I, Camille Diaz Deputy, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Irwindale held on the 10th day of December , 1992, and was finally passed at a regular meeting of the City Council of the City of Irwindale held on the 14th day of 19923 by the following vote: January AYES: Miranda, J., Miranda, P., Breceda, Barbosa and Diaz NOES: None ABSENT: None ABSTAINED: None'Gc/��L.l:��-�` ATTEST• C Deputy City Clerk of the City of Irwind e L\1021%ORDOODE\I 1.3 5