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ORDINANCE NO. 506
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE REPEALING CHAPTER 5.28 OF THE
IRWINDALE MUNICIPAL CODE, ADDING A NEW
CHAPTER 5.28 THERETO, AND REVISING REGULATIONS
APPLICABLE TO TAXICAB OPERATORS AND DRIVERS,
AND TAXICAB STANDS
The City Council of the City of Irwindale hereby does ordain as follows:
Section 1. Chapter 5.28 of Title 5 of the Irwindale Municipal Code
hereby is repealed provided, however, that such repeal shall not excuse any violation of
said Chapter occurring prior to the effective date of this Ordinance. A new Chapter 5.28
hereby is added to Title 5 of the Irwindale Municipal Code to read, in words and figures,
as follows:
"Chanter 5.28
"TAXICAB SERVICE
"Sections.
"5.28.010
Purpose.
"5.28.020
Definitions.
"5.28.030
Permit required for taxicab service or taxicab stand.
"5.28.040
Application for taxicab service or taxicab stand permit.
"5.28.050
Issuance of taxicab service or taxicab stand permit.
"5.28.060
Grounds for denial or revocation of taxicab
service or taxicab stand permit.
"5.28.070
Permit fees.
"5.28.080
Taximeters - Required.
"5.28.090
Taxicab driver's permit required.
"5.28.100
Application for a taxicab driver's permit or permit renewal.
"5.28.110
Grounds for denial or revocation of taxicab
driver's permit.
"5.28.120
Issuance of taxicab driver's permit.
"5.28.130
Requirements applicable to taxicab drivers.
"5.28.140
Appeal procedures.
"5.28.150
Revocation of permits.
' "5.28.160
Exemptions.
"5.28.170
Change of rates - Application - Hearing.
C\IRWIMORMTAXI
fir^ l "5.28.180
"5.28.190
"5.28.200
"5.28.210
"5.28.220
"5.28.230
Taxicab stand - Location - Marking
Taxicab stand - Joint use.
Taxicab stand - Change of location.
Parking and standing - Time limit.
Failure to use stand - Revocation of permit
Parking vehicle in stand prohibited.
"5.28.010 Purpose. The purpose of this chapter is to provide rules and
regulations governing the operation and permitting of taxicab companies and
drivers, and taxicab stands. The further purpose of this chapter is to serve as the
taxicab transportation service policy of the City of Irwindale as required to be
adopted by California Government Code § 53075.5(b).
"5.28.020 Definitions. As used in this chapter, the following terms shall
have the meanings set forth below:
"A. `Driver' means any person driving a taxicab either as owner
or under the direction, employment, control, or service of the owner as herein
defined.
"13. `City Manager' means the City Manager of the City of
Irwindale or a designee thereof.
"C. `Owner' means every person having control, whether by a
ten percent (10%) or greater ownership interest, lease or otherwise of any taxicabs
for hire.
"D. `Person' means and includes both singular and plural, and
means and includes any individual, firm, corporation, association, partnership, or
society, exclusive of public agencies.
"E. `Taxicab' means any vehicle which is used to provide
taxicab service as defined in this chapter.
"F. `Taxicab service' means any public passenger
transportation service available for hire on call or demand over the public streets
of the City where the service is not provided over a defined route but between
such points and over such routes as may be directed by the person(s) hiring the
same, and irrespective of whether the operations extend beyond the area of the
corporate limits of the City.
"G. `Taxicab stand' and `stand' means a portion of the street
designated by the City for the use of taxicabs while waiting for employment.
C\IRWIN\ORD\TAXI
"5.28.030 Permit required for taxicab service or taxicab stand. It is
unlawful for any person to engage in the business of operating, or causing to be
operated any taxicab service, or maintaining any taxicab stand within the City
without having a permit to do so under the provisions of this chapter.
"5.28.040 Application for annual taxicab service or taxicab stand permit.
Any person desiring to obtain a permit to operate a taxicab service or maintain a
taxicab stand under this chapter, or to renew a permit, shall submit a written
application to the City Manager on an application form provided by the City
Manager. Applications shall be signed under penalty of perjury and shall contain
the following information:
applicant;
applicant;
"A. Name, residence address and telephone number of the
`B. Business name, address and telephone number of the
"C. Number of vehicles to be operated under the permit;
"D. The make, type, year, manufacturer, license and VIN
numbers, and passenger seating of the vehicles to be used by the applicant,
together with evidence satisfactory to the City Manager that each taxi proposed to
be utilized has been safety inspected within a period of time satisfactory to the
City Manager, and otherwise complies in all respects with any and all applicable
laws, rules, and regulations;
`B. The proposed color scheme, insignia or other
distinguishable characteristics of the taxicab to be used, including the type of
illuminated sign to be mounted on the top of the vehicle, if any, and legend
thereon;
"F. Evidence satisfactory to the City Manager of having
procured public liability insurance of not less than One Million Dollars
($1,000,000.00) for each person killed or injured and not less than Two Million
Dollars ($2,000,000.00) for death or injury of any two or more persons in any one
accident, and for damage to property of at least One Million Dollars
($1,000,000.00) from any one accident;
"G. Legal and registered ownership of the vehicles to be used
by the applicant;
"H. Prior experience of the applicant in the taxicab business
including the details of any prior denial, revocation or suspension by any public
0IRWIMORMAXI
agency of any type of taxicab service or taxicab driving permit, license or
certificate;
"I. A description of any and all felony convictions occurring
within the previous five (5) years of the applicant and of all persons having ten
percent (10%) or greater ownership interest in the proposed taxicab service;
"J. Rates to be charged to the public throughout the term of
any permit issued;
"K. Unless otherwise provided by law, evidence that the
applicant has procured workers compensation insurance covering any and all
drivers to be utilized by the applicant should a taxicab service permit be issued.
"L. Evidence that the applicant has complied with the
provisions of California Government Code § 53075.5(b)(3) pertaining to
preemployment and periodic testing of drivers for controlled substances and
alcohol, and with provisions therein pertaining to payment for drug and alcohol
testing programs and relating reporting requirements.
"M. Evidence that the public interest, convenience and necessity
justify the issuance of a permit.
"N. 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 respective 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 proposed to
be located. The applicant shall also accompany the application with the written
consent of all 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, sublessees, and owners shall be acknowledged before a
duly commissioned notary public.
"5.28.050 Issuance of taxicab service or taxicab stand permits.
"A. Except as hereinafter provided, upon the furnishing of all of
the information required by § 5.28.040 and payment of the required fee, the City
Manager shall determine whether or not the applicant has satisfied all
requirements of this Chapter and, further, whether or not the public interest,
convenience and necessity justify the issuance of the permit. If the City Manager
finds that all requirements of this Chapter have been satisfied and that the public
interest, convenience and necessity justify issuance of the permit, a taxicab
service or taxicab stand permit shall be issued which shall be valid for one (1)
OIRWIMORMTAxi 4
year. Any applicant denied a permit, or renewal of same, shall be notified in
writing of such denial and the grounds upon which such denial is based.
`B. In determining the adequacy of public need and necessity,
the burden of proof shall rest with the applicant and the following factors shall be
considered:
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1. The adequacy or inadequacy of existing taxi
services;
"2. The population density and socio-economic
characteristics in the proposed area of operation;
"3. Type and frequency of transportation service needed
in the proposed area of operation;
"4. Existing public transportation patterns, schedules
and service levels and the impact of the application upon such service;
"5. Traffic and parking conditions;
"6. The probable permanence and quality of the
services offered by the applicant;
"T The quality and character of taxi service proposed
by the applicant as demonstrated by: the proposed use, if any, of a radio
communications system, the proposed use of terminals and City approved private
and public taxi stands, the time of day and night when service is to be offered, and
the proposed number and character of vehicles;
"8. The financial status, character and responsibility of
the applicant as demonstrated by: the applicant's ability to provide, maintain and
operate the number of vehicles proposed to be operated in accordance with the
character of service proposed in the application, the applicant's criminal and
driving record, if any, as well as credit record and evidence of liability and
worker's compensation insurance in such form and amount as required in this
chapter;
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9. The experience of the applicant in taxicab service
operations as an owner, manager or taxi driver, as described in § 5.28.040 H of
this chapter.
p� "10. In the case of an application for a taxicab stand, the
f location of the proposed stand and whether or not it will or will not congest or
C\IRWIMORD\TAXI
f o"'
interfere with travel on any street, or is prohibited by any ordinance of the City or
any state or federal law.
"C. Upon receipt of an application and prior to making a
determination of public interest, convenience and necessity, each holder of a City -
issued taxicab service permit shall be notified in writing that an application has
been filed and that written comments thereon may be made to the City Manager
within five (5) business days.
"D. The City Manager may determine that a hearing on an
application is required in order to adequately preserve and promote the public
health, safety and welfare, whereupon such hearing shall be scheduled to occur
within thirty (30) days of receipt of a complete application.
"5.28.060 Grounds for denial or revocation of taxicab service or taxicab
stand permit. Taxicab service permits may be denied or revoked on the following
grounds:
"A. Failure to maintain vehicles in good and safe order and in
compliance with all laws;
`B. Any false statement made on an application submitted
under this chapter;
"C. Failure to pay any fees as required under this chapter;
"D. Repeated and persistent violations by the permittee or the
permitholder's drivers of the traffic laws of the City, County or State;
"E. Employment of a driver who does not have a valid taxicab
driver's permit issued pursuant to this chapter;
"F. Violations of or failure to satisfy any requirements
contained in any of the provisions of this chapter by the permitholder;
application;
"G. Charging rates in excess of the amounts stated in the permit
"H. Conviction of a felony within five years of the date of
application 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 commission of any felony.
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"I. In the case of a permit for a taxicab stand, that the location
of the stand tends to congest or interfere with travel on any street, or has become
prohibited by any ordinance or state or federal law.
1 1 ' - RIM
"A. Every person engaging in or carrying on the business of
taxicab service, engaged in the activity of driving a taxicab, or maintaining a
taxicab stand shall pay an annual permit fee as established by resolution of the
City Council. Required fees shall be paid at the time an application for a permit is
submitted under this chapter.
`B. Every permit issued under this chapter shall terminate at the
expiration of one year from the date of its issuance 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, except as otherwise herein provided. A person
holding a taxicab service permit may not drive a taxicab without also possessing a
taxicab driver's permit. Permits issued under this chapter may not be transferred
to any other person or entity and every taxicab service permittee shall provide
written notification to the City Manager of termination of any taxicab driver.
"5.28.080 Taximeters - Required.
"A. Except as otherwise provided by law, each taxicab shall be
equipped with a taximeter that has been inspected and certified by the county
division of weights and measures. Each taximeter shall have affixed to it written
or other evidence that such taximeter has been so inspected and is currently
certified.
`B. Except as otherwise provided by law, it is unlawful for any
person operating a taxicab to operate such vehicle unless it has approved rates
conspicuously posted for passenger observation, and unless it is equipped with a
taximeter of such type and design as approved by a county division of weights
and measures. It shall be the duty of every permittee hereunder using any
taximeter to, at all times, keep such meter accurate. Such meters shall be subject
to inspection from time to time by any police officer of the City or any authorized
inspector delegated to this purpose. Upon the discovery of any inaccuracy of a
taximeter, the permittee shall remove or cause to be removed any vehicle
equipped with such taximeter from the streets of the City until such taximeter has
been correctly adjusted and certified by the county division of weights and
measures.
OIRWIMORMTrW
^� "5.28.090 Taxicab driver's permit required.
"A. It is unlawful for any person to accept any person as a
passenger in a taxi within the City, or otherwise provide transportation services by
taxi beginning in the City, without having a current taxicab driver's permit issued
pursuant to this chapter.
`B. Notwithstanding subsection A of this section, the City
Manager or designee may accept current taxicab driver permits issued by another
city or county where such city's or county's permitting requirements meet the
minimum standards of this chapter and, in the City Manager's discretion, provide
for the safety of the residents of the City. In such case, a taxicab driver may
operate with that permit while it is current, in lieu of a permit issued by the City.
"A. Any person desiring to obtain a taxicab driver's permit or
to renew the same shall submit a written application to the City Manager. The
application shall provide requested information, under penalty of perjury, on
application forms supplied by the City Manager, as follows:
"1. Pertinent personal data and proof of possession of a
valid Class 3 driver's license issued by the State of California;
"2. Physical condition affecting driving ability;
"3. Driving record for three 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
convictions of the applicant for the previous five years;
"5. Summary of experience in driving motor vehicles,
taxis and/or other vehicles for hire;
"6. The name and address of the taxicab service by
which the applicant will be employed.
`B. Each applicant shall provide a passport size photograph and
shall be fingerprinted by the Irwindale Police Department and a criminal records
check shall be conducted on the applicant. The applicant will be required to pay
the Police Department's established fees for such services in addition to the
OTRWIMORMTAw 8
taxicab driver's permit fee. A driver obtaining a permit renewal need not be
fingerprinted and photographed if the Police Department determines that such is
not necessary for permitting purposes.
"C. Each applicant must provide evidence at the time of
submitting the application that the applicant is currently employed, or has been
offered employment, by a City -authorized taxicab service, or that the applicant is
currently or will be self-employed as an independent taxicab driver.
"D. Each applicant shall provide written evidence satisfactory
to the City Manager that, within one (1) year of the date of submittal of a
complete permit application, he/she has tested negative for controlled substances,
as required by California Government Code § 53075.5(b)(3). If the application is
for permit renewal, the applicant shall provide written evidence of having tested
negative for controlled substances and alcohol within the previous year, as
required by Government Code § 53075.5(b)(3). Requirements for rehabilitation,
return -to -duty, follow-up testing and related requirements in the event of positive
test results, shall be as set forth in Title 49, § 382.101, et seq., of the Code of
Federal Regulations or any successor provisions thereto.
"5.28.110 Grounds for denial or revocation of taxicab driver' permit. A
t taxicab driver's permit may be denied or revoked on the following grounds:
"A. The driver does not possess a valid Class 3 driver's license
issued by the State of California, or any other permit or license required by law;
`B. The driver has been convicted of a crime within the last
five years which involved:
111. Fraud or dishonesty with respect to any member of
the public;
"2. Driving while under the influence of alcohol or
drugs;
"3. Injuries to any member of the public as a result of
such driver's operation of a taxi;
against any person;
"4. Any assault or battery, or other violent behavior
"5. The sale of illegal drugs.
"C. The driver has been convicted of driving a taxicab
recklessly within the preceding two years;
cuxwIMoxMTAXI 9
t^
"D. The driver has repeatedly and persistently violated the
traffic law of the City, County or State;
"E. Within the last five years;
11
1. The driver has driven any passenger in a taxicab
which was not in compliance with any rule or regulation related to safety, or
which the driver knew or should have known was not in good order and repair;
chapter;
"2. The driver has violated any of the provisions of this
"3. The driver has charged any person more than the
established rate for taxicab service;
"4. The driver has had any permit to operate a taxicab
revoked.
"F. The driver has made any false statement on an application
submitted under this chapter;
lOON "G. The driver is required to register under § 290 of the Penal
Code of the State of California;
"H. The driver has been convicted of a violent felony at any
time and the City Manager has reasonable cause to believe that such driver
continues to constitute a threat to the public health, safety or welfare;
"I. The driver is not at least eighteen years of age.
"J. The driver failed to satisfy any of the requirements of
§ 4.30. 100 of this chapter.
"K. Within the previous year, the driver failed to test negative
at any time for a controlled substance or alcohol, as specified in California
Government Code § 53075.5(b)(3).
1 ..
"A. If the City Manager finds that the applicant is duly
qualified and in compliance with the provisions of this chapter, and there are no
grounds for denial, the applicant shall be issued a taxicab driver's permit. Any
applicant denied a permit shall be given written notice of the reasons for the
denial. Permits shall remain the property of the City and are not transferable to
OIRWIMORDUAM 10
(0811 any other driver. The taxicab driver's permit shall set forth the driver's and
employer'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 from the passenger's compartment.
`B. Upon payment of all required fees, submittal of the
required application and proof of completion of fingerprinting and photographing,
the City Manager shall issue a temporary taxicab driver's permit which shall be
valid for up to sixty days if the applicant certifies under penalty of perjury that
there are no grounds for denying the applicant a permit under any provisions of
this chapter. A temporary taxicab driver's permit may be terminated by the City
Manager at any time by written notification of termination to the permittee if an
investigation by the City Manager reveals that grounds for denial of a permit exist
under any provision of this chapter. Any temporary permit shall automatically
terminate upon the issuance of a regular taxicab driver's permit to the applicant
after the completion of the Police Department's investigation.
"C. A taxicab driver's permit shall become void upon the
driver's termination of employment, whereupon the driver shall immediately
return the taxicab driver's permit to the City Manager.
"5.28.130 Requirements applicable to taxicab drivers. Each taxicab
driver:
"A. Shall keep an accurate, legible record of all passengers
carried, the pick up and drop off points, and the date and time carried. This record
shall be available for up to one year for review by the City Manager;
"B. Shall not, when otherwise available for hire, refuse to
transport anyone requesting a ride excepting under the following circumstances:
111.
The transportation requested is such that the driver
may not legally accept such passenger;
"2. The driver has reasonable cause to believe that the
proposed passenger will refuse to pay, or cannot pay the fare; of
"3. The proposed passenger is drunk, disorderly,
engaged in the commission of any crime, or is otherwise unfit to be transported as
a passenger.
"C. Shall wear a distinctive uniform with an emblem, badge or
insignia, and similar color scheme identifying the driver's association with a
permitted taxicab service;
c\IRWIMORD\TAxi 11
I'D. Shall keep the taxicab in good mechanical condition and in
compliance with any and all applicable rules and regulations;
"E. Shall charge only those rates as have been approved by the
City Council in writing;
"F. Shall keep the taxicab in a clean and sanitary condition;
"G. Shall participate in periodic testing for controlled
substances and alcohol, and report the results thereof, as specified in Government
Code § 53075.5(b)(3).
"H. Shall not permit any person to operate a taxicab unless such
person is an employee of the taxicab service and has a taxicab driver's permit;
"I. Shall not stop for or accept any passenger except within an
authorized taxicab stand or other area authorized by the City; or where the taxicab
driver has driven a passenger to a particular location and is waiting for such
passenger; or when picking up a passenger who has contacted the taxicab driver's
employer and requested taxicab service;
"J. Shall drive passengers to their point of destination by the
most direct practical route, unless specifically directed otherwise by such
passengers;
"K. Shall, when engaged, provide current passengers with
exclusive right to use of the passenger compartment, without picking up
additional passengers, unless otherwise expressly permitted by a permit of the
City.
"L. Shall not drive or operate any taxicab for more than twelve
(12) hours spread over a total of sixteen (16) 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 under this chapter, or
at any taxicab stand, or any combination of such acts, for more than twelve (12)
consecutive hours spread over a total of sixteen (16) consecutive hours. Nor shall
any taxicab driver drive or operate any taxicab unless such driver has had at least
eight (8) consecutive hours of rest, while not on duty, within the last preceding
twenty-four (24) hours, during which eight (8) consecutive hours he shall have
performed no acts or duties in connection with the taxicab business.
"5.28.140 Appeal procedures. Any applicant denied a permit pursuant to
this chapter may appeal such denial to the City Council by providing a written
eo"', notice of appeal within ten (10) business days of permit denial, stating reasons
why the permit should be granted. The City Council may hear appeals directly or
CVRwIMORDTAXi 12
(14,11 in its sole discretion may appoint a hearing officer to hear any appeal and make a
recommendation to the City Council. Upon receipt of a timely, written request for
appeal, the City Clerk shall set a hearing to occur within forty-five (45) days
before the Council or designated hearing officer. The City Council shall render a
decision with written findings within thirty (30) days of the conclusion of the
hearing.
"5.28.150 Revocation of permits. Any permit granted pursuant to the
provisions of this chapter may be revoked following a hearing before the City
Council or its designated hearing officer, for violation of any of the provisions of
this chapter, or of any other ordinance of the City, or any state or federal law, or
upon the occurrence or existence of any facts upon which any permit could be
denied pursuant to this chapter, whether or not such facts existed at the time the
application for the permit was made. Where deemed necessary due to an
immediate threat to the public health, safety or welfare, a permit may be
immediately revoked pending a hearing as provided for herein.
Notice of such hearing shall be given to the permittee in writing
and served at least ten (10) business days prior to the date of the hearing thereon.
The notice shall state the grounds for revocation and shall designate the time and
place where such hearing will be held. The notice shall be served upon the
permittee by delivering the same personally or by leaving such notice at the
permittee's place of business or residence in the City. In the event the permittee's
or residence address is not within the City, or the permittee otherwise cannot be
found, then service of such notice shall be served by first-class mail addressed to
the permittee at his or her residence or place of business, at least ten (10) business
days prior to the date of the hearing. The decision of the City Council or its
designated hearing officer shall be final.
Any permittee having revoked any permit issued pursuant to this
chapter, may not again apply for a similar permit for six (6) months following the
effective date of such revocation.
"5.28.160 Exemptions. This chapter shall not apply to public
transportation service being performed pursuant to a contract with the City or with
any other public entity in this state."
"5.28.170 Change of rates - Application - Hearing. Should an owner of a
taxicab service desire to change his/her schedule or rates, he/she shall make
written application to the City Council to do so. Upon receiving such application,
the City Council shall conduct a public hearing upon the application, and shall
give the applicant at least ten (10) days written notice of the time and place of
such hearing. Upon the hearing, the City Council shall determine whether the
rates shall be changed, and shall have the right to deny the application, or may
CRRwmnoRo\TAM 13
make such change as it determines the facts warrant. The decision of the City
Council shall be final and conclusive.
"No owner or driver of any taxicab within the City shall charge any rate
different from the schedule of rates on file and approved by the City Council.
"5.28.180 Taxicab stand - Location - Marking. The City Manager shall
designate in any permit granted the exact location of the approved 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, diminished or increased by the City Manager. Every
approved taxicab stand shall be indicated by paint in such color as is required or
permitted, by state law, painted upon the entire curb surface. The words `taxicabs
only,' in white letters, shall be set forth on such painted curb surface.
"5.28.190 Taxicab stand - Joint use. Any taxicab stand that is approved
may be used jointly by any two or more persons holding permits under this
chapter, by the mutual consent of the persons, which consent must be first reduced
to writing, properly signed, and filed with the City Clerk.
"5.28.200 Taxicab stand - Change of location. No taxicab stand location
shall be changed without obtaining a permit from the City Council after
application, as provided in this chapter.
"5.28.210 Parking and standing - Time limit. No owner or driver of any
taxicab shall park or stand the same upon any public street in the City, other than
at a taxicab stand for which the owner has a permit, for any period of time longer
than is necessary to discharge passengers 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 in and being paid for by a passenger.
"5.28.220 Failure to use stand - Revocation of permit. In the event that
any person holding a permit to operate and maintain a taxicab stand should fail for
a period of two consecutive weeks to use such taxicab stand for permitted
taxicabs, such taxicab stand permit may be revoked by the City Council after a
hearing as provided in this chapter.
"5.28.230 Parking vehicle in stand prohibited. No person shall park any
vehicle in any taxicab stand unless such vehicle is a permitted taxicab."
CVRWIMORo\'raxl 14
Section Time for compliance. Each currently permitted taxicab
service or taxicab driver performing service within the City on the effective date of this
Ordinance shall have sixty (60) days from the effective date hereof to provide written
evidence that (a) such taxicab service is in compliance with the provisions of California
Government Code § 53075.5(b)(3) pertaining to pre-employment and periodic testing of
drivers for controlled substances and alcohol; or, (b) and that such taxicab driver has,
within the previous year, tested negative for a controlled substance or alcohol, as
specified in said Government Code section.
Each taxicab service and taxicab driver performing service within the City
on the effective date of this Ordinance shall, concurrent with the expiration of each
respective permit, apply for and obtain a taxicab service or taxicab driver permit, in
accordance with the chapter enacted hereby.
Section 3. Penalty for violation. It shall be unlawful for any person,
firm, partnership, 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 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 any of the provisions of
this Ordinance is committed, continued or permitted by such person, firm, partnership, or
corporation, and shall be deemed punishable therefor as provided in this Ordinance.
Section 4. Remedies available. A violation of any of the provisions
of this Ordinance shall constitute a nuisance and maybe abated by the City through civil
process by means of restraining order, preliminary or permanent injunction, or in any
other manner provided by law for abatement of such nuisance.
Section 5. Severability. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
C\IRWIMORD\TAXI 15
id
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shall not affect the validity of the remaining portion of this Ordinance. The City Council
of the City of Irwindale hereby declares that it would have adopted this Ordinance and
each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections sentences, clauses, phrases, or other
portions might subsequently be declared invalid or unconstitutional.
APPROVED AND ADOPTED this l Ithlay of July 1996.
I, DAVID A. CARETTO, 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 2 7 thday of June 1996, and
was finally adopted at a regular meeting of the City Council of the City of Irwindale held
on the 11 thday of July , 1996, by the following vote:
AYES: COUNCIL MEMBERS: Julian Miranda, Jacquelyn Breceda,
Patricio Miranda Joseph Tapia and Raymond Chavez
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS None
ATTEST:
CityClerk of the City of r "ndale
0IRWIMMYTAXI 16