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5765ORDINANCE N0. 5%65 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING A NEW CHAPTER 4.73 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TAXICAB FRANCHISES WHEREAS, reliable, safe and efficient taxicab service is necessary to facilitate the transportation of visitors to Anaheim and for transportation of those residents who do not drive personal vehicles for travel within the City of Anaheim; and WHEREAS, the franchising of taxicab service within the City of Anaheim through a competitive process will promote the public health, safety and welfare by promoting stability among taxicab providers and by establishing higher standards of service, safety and reliability among taxicab service providers; and WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim authorizes the City Council to grant franchises to persons or business entities furnishing transportation services to the inhabitants of the City; and WHEREAS, the City Council has received, reviewed and considered numerous studies, reports and other materials relating to taxicab service in the City of Anaheim including, but not limited to: Anaheim's Current and Future Taxi Service Needs dated September 30, 1999; Anaheim Taxicab Franchise Developments - Recommendations dated July 20, 2000; Selection Committee Evaluation and Recommendations for Taxi Service Franchises dated March 27, 2001; Anaheim Business Taxicab Survey Results conducted by OCTAP and dated March 18, 1999; and A Study of the Ability of South Coast Cab Company to Adequately Service the Non -Resort Areas of Anaheim as of November, 1997 prepared by Jack Armstrong & Associates; and WHEREAS, the City Council finds and determines that: (A) There currently exists a need within the City for up to three franchised taxicab providers to operate 230 taxicabs, which need will increase to 260 taxicabs and four taxicab providers in 2002, and that such need has been determined based upon: (1) The adequacy of existing service within the City; (2) The increased demand for service based upon growth in the City, particularly in the Anaheim Resort Area; and 1 (3) The need to assure prompt, safe and reliable taxi service to the City's residents and visitors while avoiding the adverse effects upon the taxi businesses and the public which can result from an oversupply of taxicabs competing for the same customers; and (B) The City Council has heretofore issued taxicab permits to three providers authorizing a total of 282 taxicabs within the City; and (C) The City Council has heretofore determined that it is in the public interest and general welfare of the City and its residents to establish new minimum standards for the operation of taxicab services in the City, to raise the quality of taxicab service within the City, to replace the City's current permit procedures with new procedures for the award of franchises on a competitive basis, and to provide for the orderly termination of existing taxicab permits and replacement of such permits with franchises to be awarded by the City Council on the basis of competitive proposals; and (D) The City Council has heretofore established new standards for service for proposed franchisees and has publicly solicited requests for competitive proposals from potential taxi providers, including each of the current permit holders in the City, for the award of up to three initial franchises for 230 taxicabs; and (E) Not every existing taxicab permit holder in the City has submitted a proposal for one of the initial franchises and, therefore, at least one of the existing permit holders will not be awarded an initial franchise; and (F) Based upon the geographical area of the City (approximately 50 square miles) and the distance from the westerly to the easterly city limits (approximately 20 miles), a minimum of thirty taxicabs are necessary for any taxi provider to adequately serve the needs of the entire City; and (G) It is in the public interest and general welfare of the residents of the City to provide for the orderly transition and termination of the taxicab permits heretofore approved by the City, and to provide procedures establishing a competitive process for the award of taxicab franchises in the future; and (H) Any taxi operator currently operating under a permit from the City who is not awarded or does not accept an initial franchise should be allowed to continue to operate for a Fj reasonable period of time, even though such operation may result in an oversupply of taxicabs at lower standards of operation during such period, in order to achieve an orderly and reasonable transition from the current permit system to franchises, provided such operations should be limited, as to both number of taxicabs and duration of operation, to minimize the oversupply of authorized taxicabs and the adverse effects from such oversupply. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. That new Chapter 4.73 is hereby added to Title 4 of the Anaheim Municipal Code to read as follows: "Chapter 4.73 TAXICAB FRANCHISES 114.73.010 DEFINITIONS. For the purposes of this chapter, certain terms used herein are defined as follows: .010 "City" means the City of Anaheim. .020 "City Council" means the City Council of the City. .030 "Director" means the Director of Planning of the City or his or her authorized representative. .040 "Driver" means a person who operates a taxicab. .050 "Franchisee" means any person, firm, association, corporation, partnership or other entity granted a franchise by the City pursuant to this chapter. .060 "OCTAD" means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority. .070 "Operate" or "Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers within the City. .080 "Owner" means the registered owner or lessor of a taxicab. .090 "Taxicab" means a motor vehicle operated for hire to transport passengers to specific destinations of the passengers' 3 choice, capable of carrying not more than eight persons, excluding the driver. The term shall exclude any vehicle operating as a charter party carrier licensed as such by any state agency or any other vehicle as to which a valid certificate of public convenience and necessity has been issued by any state agency. 4.73.020 TAXICAB FRANCHISES - PURPOSE AND DECLARATIONS. .010 It is declared and determined that the operation of taxicabs affects the health, safety and general welfare of the residents of the City. The operation of taxicabs requires that a high level of trust and confidence by the traveling public be established and maintained in the equipment, personnel and procedures used for providing taxicab service. Such services are determined to be necessary for the use of residents who do not drive personal vehicles for obtaining the necessities of life and for the efficient movement of guests and visitors about the City. Maintaining the vital role of taxicabs in the overall transportation assets of the City requires that only those taxicab owners and drivers who have demonstrated that they possess the facilities, control systems and knowledgeable personnel to protect the interests of the City and the traveling public be authorized to provide taxicab service within the City. Therefore, it is a purpose of this chapter to adopt procedures to regulate this service to the community as authorized pursuant to Section 1400 of the Charter of the City of Anaheim. .020 It is also recognized that the City is required to adopt and implement a mechanism to promote the safe and efficient transportation of residents and visitors and that the City may impose fees to fund the cost of this effort and to augment the funds available for assuring the quality of taxicab service and enforcing the standards promulgated by the City. .030 The electors of the City, by the adoption of Article XIV of the City Charter, elected to implement the home rule provisions of Article XI of the Constitution of the State of California as to municipal affairs and, because the granting of nonexclusive franchises of the nature referred to herein are within the class of actions designated as municipal affairs, the City Council hereby declares that the provisions of this chapter, together with the provisions of the Charter of the City, shall constitute the exclusive procedure for the granting of franchises for the operation of taxicabs and shall supersede any otherwise applicable provisions of this Code. 4 4.73.030 ACTIVITIES WHICH ARE UNLAWFUL UNLESS AUTHORIZED - ACTIVITIES NOT COVERED. Except as may otherwise be permitted in this chapter, it is unlawful for any person to operate a taxicab or solicit passengers for transportation in a taxicab within the City unless the following conditions have been met: .010 A franchise therefor has first been granted pursuant to the provisions of this chapter and such franchise is in full force and effect; and .020 A written acceptance of the franchise has been timely executed by the grantee as provided in Section 1403 of the City Charter. .030 This chapter shall not apply to limousine or livery vehicles displaying the identification specified in Vehicle Code Section 5011.5 available to members of the public by any person or vehicles designed to transport more than eight passengers, excluding the driver. 4.73.040 NONEXCLUSIVE FRANCHISE - TERMS AND CONDITIONS. .010 Subject to the limitations of this chapter, the City Council may, and is empowered to, grant by ordinance, to any qualified person, firm, association, corporation, partnership or other entity, a nonexclusive franchise to operate taxicabs within the City in such number as expressly provided in said franchise. .020 All franchises granted pursuant to this chapter shall be nonexclusive. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number. However, in the sole exercise of its discretion, and in accordance with the procedures set forth in this chapter, the City Council may limit the number of franchises which may be extant. .030 All nonexclusive franchises granted hereunder shall be subject to the terms and conditions specified in the City Charter, and in this chapter, and in the ordinance granting the franchise, and in the terms and conditions set forth in the Request for Proposals for Providing Taxicab Service and the responses provided by the franchisee thereto. .040 In granting any franchise, the City Council may prescribe such terms and conditions, not in conflict with the City Charter or this chapter, as in the judgment of the City Council are in the public interest. 5 4.73.045 NUMBER OF TAXICABS FRANCHISED. .010 Initial Taxicab Franchises. Following the adoption of this chapter, the City Council, by ordinance, shall award not more than three franchises for the operation of 230 taxicabs within the City (the "Initial Taxicab Franchises"). Said franchises may also provide for the occasional and temporary operation of additional taxicabs by such franchisees in such numbers and on such days and periods of peak need as may be expressly authorized in said franchise ordinances. .020 Additional Franchises. Following the adoption of ordinances approving the Initial Taxicab Franchises as provided in subsection .010 above, the application period for taxicab franchises shall be deemed closed and no further applications shall be accepted or processed, and no further franchises shall be awarded, by the City except as hereinafter provided. .030 Franchise Application Period. The application period for taxicab franchise applications shall be deemed open as of either (i) the date of adoption of a resolution of public convenience and necessity pursuant to subsection .040 below, (ii) the sixtieth day prior to the date of expiration of any existing franchise or Existing Permit, or (iii) the date any City Council decision terminating any existing franchise or Existing Permit becomes final. The term "Existing Permit" as used in this section shall have the meaning set forth in subsection .070 of Section 4.73.210 of this Chapter. The City Council may establish a deadline for the receipt of applications (the "application deadline") during any period that the application process is deemed open. Upon the receipt of one or more franchise applications prior to any application deadline established by the City Council, the City shall accept and process such taxicab franchise applications in accordance with the provisions set forth in Section 4.73.050 of this Chapter, and shall award one or more additional taxicab franchises until the total number of taxicabs authorized by all taxicab franchises equals the number of taxicabs theretofore determined by the City Council to be required by the public convenience and necessity pursuant to subsection .040 below. Following the application deadline, the application period for taxicab franchises shall be deemed closed and no further applications for taxicab franchises shall be accepted, processed or awarded until the application period is reopened upon the occurrence of one of the events described above. .040 Determination of Public Convenience and Necessity for Additional Taxicabs. The City Council, at its sole and absolute 0 discretion, by motion duly adopted by the City Council, may periodically schedule a public hearing to determine, by resolution, whether the public convenience and necessity require the operation of additional taxicabs in the City of Anaheim. If the City Council determines that additional taxicabs are required, the resolution shall specify the number of additional taxicabs required. Said resolution shall constitute the resolution referred to in subsection .030 above. Any determination that the public convenience and necessity require the operation of additional taxicabs in the City shall be based upon the following findings: .0401 That the additional taxicabs will not substantially impair the ability of the franchisees then currently holding taxicab franchises from the City, under efficient management, to earn a fair and reasonable return on their capital investments devoted to such taxicab service; .0402 That the franchisees then currently holding taxicab franchises from the City, under normal conditions, are not adequately serving the reasonable taxicab needs in the City of Anaheim; and .0403 That the additional taxicabs, together with the taxicabs then currently operated by franchisees holding taxicab franchises from the City, will not unduly congest, overburden, or interfere with any public street access or traffic flow, or any public or private parking, or any public or private taxi stands or taxi queuing areas, or otherwise create any danger or hazard to the public peace, health or safety. The term "franchisees" as used in this subsection .040 shall include any person or entity lawfully operating under an Existing Permit as defined in subsection .070 of Section 4.73.210 of this Chapter. 4.73.050 APPLICATION FOR FRANCHISE. Within any application period specified in subsection .030 of Section 4.73.045 of this Chapter, any applicant seeking to operate as a franchisee, or any then existing franchisee seeking to increase the number of taxicabs it is authorized to operate, may apply to the City by filing with the Code Enforcement Division of the Planning Department, upon forms supplied by the City and in accordance with the request for proposals issued by the City therefor, a verified application containing at a minimum the following information which shall be binding upon and enforceable upon the applicant in any franchise 7 awarded pursuant to such application. Any application by an existing franchisee to increase the number of taxicabs it is authorized to operate shall be deemed an application for a new and separate franchise for purposes of the processing of such application pursuant to this chapter. .010 Name and address of applicant. .0101 If the applicant is a corporation, the state of incorporation and the names and addresses the each officer thereof. .0102 If the applicant is a partnership, the name and address of each partner shall be set forth in the application. .020 A list of all vehicles, including license plate numbers and vehicle identification numbers, to be used in connection with the franchise for which the application is filed and the age of said vehicles. .030 A list of all drivers who will operate a taxicab pursuant to such franchise, accompanied by the California drivers' license number and license class of each such person. .040 Proof of insurance in a form acceptable to the City. .050 Such other and further information as the Code Enforcement Manager may reasonably require to evaluate and process applications for the franchises to be awarded hereunder. The requirements of this Chapter shall supersede the requirements of Chapter 1.03 of this Code with regard to taxicab franchise applications. 4.73.060 PUBLIC HEARING. .010 Upon receiving one or more applications for a franchise within any application period established under the provisions of this chapter and reviewing the same for completeness and accuracy, the Code Enforcement Manager shall present the fully and properly completed application(s) to the City Council at a regularly scheduled meeting thereof. .020 At such meeting, or within a reasonable time thereafter, the City Council shall adopt a resolution giving notice of the application(s) and setting a date and time for a public hearing on the application(s). The resolution shall give X notice that one or more application(s) has been filed for a franchise under this chapter, shall refer to and incorporate by reference the application(s) on file with the Code Enforcement Manager, and shall contain notice of the time and place the City Council will hear persons desiring to be heard in favor of or in opposition to the granting of such franchise(s). The City Clerk shall provide the contents of any such application upon request of any member of the public as a public record except for such information as may be exempt from public disclosure pursuant to any applicable provision of law. .030 The hearing on the application(s) for a franchise shall be held not earlier than the twentieth day following the date of adoption of the resolution giving notice of the application(s) nor later than the sixtieth day following the resolution's adoption. The City Clerk shall cause the resolution giving notice of the application(s) and of the time and place of hearing on the application(s) to be published at least once in a newspaper of general circulation in the City within fifteen (15) days of the date of adoption of the resolution. If more than one application is received by the City Council, such applications may be considered at separate public hearings or combined into a single public hearing at the sole discretion of the City Council. .040 At the hearing on application(s) for a franchise, the City Council shall give all persons desiring to be heard a reasonable opportunity to present evidence or otherwise be heard in favor of or in opposition to the granting of a franchise to the applicant. At such hearing, the City Council may require from the applicant such additional information as the City Council may deem relevant and necessary. The hearing may be continued or adjourned to a stated time and place without the -. giving of further notice. 4.73.070 CRITERIA FOR GRANTING NONEXCLUSIVE FRANCHISE.. .010 Upon conclusion of the hearing on the application(s) for a franchise, or within a reasonable time not to exceed sixty (60) days thereafter, the City Council shall render its decision on the application(s). The nonexclusive franchise shall be granted or denied, based upon compliance with this chapter and the criteria established pursuant to subsection .020 of this section. Any grant of a franchise by the City Council may be subject to such terms, conditions, rules, regulations, restrictions and limitations as the City Council deems necessary or appropriate to protect the public health, safety or general welfare. .020 The City Council may receive the recommendations of any current or future advisory body established by the City Council A or the City Manager to examine and evaluate applications for a franchise and consider such recommendations in reaching its decisions. The City Council may accept, reject or amend any such recommendations. The criteria for evaluating applications for a franchise may be established by such evaluation body subject to the approval thereof by the City Council. The decision of the City Council upon the granting or rejection of any application for a franchise shall be final and conclusive. .030 Should a franchise not be granted to an applicant, the City shall issue a notice of such to the applicant within fifteen (15) following the rejection of its application by the City Council. 4.73.080 REQUIREMENTS FOR FRANCHISE. No franchise granted pursuant to this chapter shall become effective unless and until all of the following requirements have been satisfied: .010 The ordinance granting the franchise is effective. .020 The applicant has provided a timely letter of acceptance as to all the terms and conditions established by the City Council for the granting of the franchise as contained in the ordinance granting the franchise. .030 The applicant has provided an up to date and complete list of the vehicles to be used to perform the services authorized by the franchise by registration or license number and the personnel assigned thereto as of the date of applicant's acceptance of the franchise. .040 The applicant has provided evidence of compliance with the insurance requirements and any other terms and conditions of this chapter and any other terms and conditions of operation as imposed by the City Council, the Manager of Code Enforcement, the Police Chief or OCTAP. .050 All applicable franchise fees have been paid in full. 4.73.090 INDEMNIFICATION OF THE CITY. .010 The franchise shall provide that the franchisee shall indemnify, hold harmless, release and defend the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from and against any and all liability, claims, suits, costs, expenses, fines, judgments, ID settlements, charges or penalties whatever, including reasonable attorneys fees, regardless of the merit or outcome of the same arising out of, or in any manner connected with, any or all of the operations or services authorized, conducted or permitted under a nonexclusive franchise agreement grant under this chapter. .020 Applicants shall sign an affidavit in a form acceptable to the City Attorney which confirms their understanding of and agreement to the obligations imposed under this section, as a condition precedent for receiving a franchise hereunder. 4.73.100 TERMINATION OF NONEXCLUSIVE FRANCHISE BY THE CITY COUNCIL. .010 The City Council shall have the right to terminate or to suspend any franchise awarded hereunder for the reasons and pursuant to the procedures set forth in this section. .020 A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed by certified mail, at the discretion of the City, to the party named and to the address given on the application pursuant to which such nonexclusive franchise was issued. The notice shall state the grounds for termination or suspension and shall give the franchisee notice of a hearing before the City Council thereon, which shall be convened no more than 15 days after the date of notice unless the time for such hearing is extended by mutual agreement. The hearing shall be conducted and closed, and decision rendered thereon, within 60 days after the date of the notice unless the time therefor is extended by mutual agreement. .030 The City Council shall have the right to terminate, by ordinance, any nonexclusive franchise granted pursuant to this chapter if the City Council finds, based upon a preponderance of the evidence, after a public hearing, that the franchisee has failed to comply with any term, condition or other requirement of the franchise or that franchisee has failed to pay the franchise fees required under this chapter or has violated any provision of the ordinance granting the nonexclusive franchise, or any ordinance of the City or any law or regulation of OCTAP, of the state or of the United States in connection with the performance of the nonexclusive franchise or that franchisee's conduct demonstrates that the franchisee is unable or unwilling to comply with the terms of the nonexclusive franchise. .040 In its discretion, the City Council may appoint a hearing officer to conduct such revocation hearing, receive such 11 evidence as is properly introduced, take testimony thereon, and render a recommendation to the City Council on the issue before the hearing officer. The hearing officer shall be selected by the mutual agreement of the parties by alternately striking names from a list provided by the California State Mediation and Conciliation Service. The expenses of the hearing officer shall be shared equally by the city and the franchisee. If the franchisee fails to timely participate in the process of selection of the hearing officer, the City Council may appoint such a hearing officer who will be compensated by the City. .050 At a regularly scheduled meeting held within sixty (60) days of the issuance of the hearing officer's recommendations, the City Council may by motion adopt, reject or modify and adopt the findings of the hearing officer by a vote of no less than three members. If the recommendation of the Hearing Officer is rejected, the City Council shall determine the issue at that time and may instruct the City Attorney to prepare a proposed written decision incorporating the conclusions of the City Council. The City Council shall adopt or modify such proposed decision by motion within twenty-one (21) days of its decision. The adoption of a dispositive motion by the City Council shall conclude the administrative process. Notice of the decision of the City Council shall be provided by certified mail to the franchisee. 4.73.110 TEMPORARY SUSPENSION OF FRANCHISE. The Director may temporarily suspend any nonexclusive franchise without a hearing, whenever the continued operation by the franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state or local law. The notice of temporary suspension shall be either (1) personally delivered to the party named and to the address given on the application pursuant to which such franchise was issued, or (2) mailed by certified mail to the party named at the address given on the application pursuant to which such franchise was issued. The temporary suspension is effective upon the earlier of either delivery of said notice or the expiration of five (5) days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for a termination hearing and all other information required by Section 4.73.100. The temporary suspension shall remain effective until the decision on termination by the City Council is made pursuant to Section 4.73.100 or unless and until the suspension is earlier lifted by 12 written notice of the Director. By mutual agreement, the time limitations provided in Section 4.73.100 may be modified to avoid unnecessary hardship. 4.73.120 NON -ALIENATION OF FRANCHISE. Any nonexclusive franchise granted pursuant to this chapter is a privilege to be held in trust by the original franchisee. Such nonexclusive franchise shall not be sold, leased, transferred, assigned, or otherwise disposed of, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy, reorganization under bankruptcy laws or otherwise, without the prior written consent of the City Council. The consent of the City Council shall be subject to such terms and conditions as it may prescribe. Any attempted sale, lease, transfer, assignment or other attempted disposition of this franchise without the prior written consent of the City Council shall render said franchise null and void. 4.73.130 FRANCHISE FEES. .010 Each franchisee granted a franchise pursuant to this chapter shall pay a franchise fee to the City during the term of such franchise. The franchise fee shall be in an amount as set forth by resolution adopted by the City Council. .020 Franchise fees shall be due and payable in a manner and at a time established by the City Council. The first payment of franchise fees shall be due and payable within thirty (30) days of the effective date of the franchise. Thereafter, quarterly payments of the franchise fee shall be due and payable within fifteen (15) days from and after the end of each three-month period during which the franchise is in effect. Each payment shall be calculated in accordance with the provisions of the resolution adopted by the City Council pursuant to this chapter. .030 The Director shall require franchisees to establish and maintain a deposit to be held by the City from which payments of required franchise fees shall be deducted. The Director of Finance shall deduct the appropriate franchise fee from said deposit and notify the franchisee of said deduction. The failure to maintain such deposit account at the level prescribed shall be deemed a failure to pay the required franchise fees. Interest earned by such deposited funds, if any, shall be credited to the depositor. .040 The payment of franchise fees to the City by the franchisee pursuant to this chapter shall be in addition to any license fee or business license tax prescribed by the City. 13 4.73.140 CITY INSPECTION AUTHORITY. The franchisee shall at all times maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this chapter, a list of vehicles in use as taxis, any complaints by patrons and such other information as is necessary to verify compliance with the terms of the franchise granted hereunder. Franchisee's books, accounts and records pertaining to compliance with the terms of the franchise shall at all reasonable times be open to inspection, examination and audit by authorized officers, employees and agents of the City. The refusal of the franchisee to provide the required records for inspection by the City shall be deemed a violation of the franchise and shall be cause for termination of the franchise. Any proprietary data provided to the City shall be maintained as confidential to the extent permitted by law. 4.73.150 TAXICAB FRANCHISE DECALS REQUIRED. Upon the granting of a franchise pursuant to this Chapter, the owner of each taxicab franchised hereunder shall cause to be affixed to each and every taxicab so franchised decals issued by the City's Code Enforcement Division. Two decals shall be affixed to each vehicle covered by a taxicab franchise - one on the left front fender and one on the right front fender in a location approved by the Director. The owner shall pay the cost of providing and issuing said decals in an amount established by resolution of the City Council. It shall be unlawful for any person to operate a taxicab within the City of Anaheim which taxicab does not have the franchise decals displayed thereon in the manner required by this section. 4.73.160 POWERS RESERVED TO THE CITY. In addition to all other rights reserved to the City under this chapter, the following shall apply. .010 There is reserved to the City every right and power, and the exercise thereof, which is reserved or authorized by any provisions of any lawful ordinance or resolution of the City, whether enacted before or after the effective date of the ordinance codified in this chapter. .020 Neither the granting of any nonexclusive franchise nor any provisions of any nonexclusive franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the City. 14 .030 The franchisee shall have no recourse whatsoever against the City, its officers, employees or agents, for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any nonexclusive franchise issued under this chapter or because of the enforcement of this chapter. .040 There is expressly reserved to the City the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the franchisee and the power and authority to increase the nonexclusive franchise fees to be paid by the franchisee pursuant to Section 4.73.130. 4.73.170 VIOLATION - PENALTY. Any person who operates a taxicab within the City without a valid franchise therefor from the City, and/or any franchisee or owner of a taxicab which permits such taxicab to be operated within the City without such a franchise, and/or any person who operates a taxicab in violation of any provision of this chapter, and/or any franchisee or owner of a taxicab which permits such taxicab to be operated in violation of any provision of this chapter, and/or any driver, franchisee, owner or other person, firm, partnership, corporation or other entity who or which violates any provision of this chapter, or any owner of a taxicab which permits the operation of a franchised taxicab, within the City in violation of any provision of this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Section 1.01.370 of the Anaheim Municipal Code. 4.73.180 LIABILITY INSURANCE. The Division of Risk Management shall be authorized to prescribe the minimum levels and standards of liability insurance which must be maintained in order to apply for, to receive and to operate a franchise under this chapter and the manner in which compliance with the minimum standards is demonstrated. The failure to maintain the minimum levels and standards of liability insurance for any period of time is a violation of this chapter and shall be sufficient grounds for temporary suspension or termination of a nonexclusive franchise. 4.73.190 REQUIREMENTS FOR OPERATION OF FRANCHISED TAXICABS. No driver shall operate, and no owner or franchisee shall permit operation of any taxicab under its ownership or control, except in accordance with the following requirements: 15 .010 A driver shall carry a passenger to his or her destination by the most direct feasible route unless otherwise directed by the fare payer. .020 Each taxicab franchised hereunder shall display all permits issued by OCTAP under the rules promulgated by OCTAP. .030 Each taxicab shall have prominently displayed in the passenger compartment a schedule of rates and charges, the driver's name and address, the owner's name, address and telephone number and the taxicab identification number. .040 A driver shall provide any passenger with a receipt for the full fare and tip paid at the request of the passenger. .050 A driver shall not leave his or her cab to solicit passengers. .060 No taxicab shall be operated unless the passenger compartment is in a clean and sanitary condition. .070 The name or trade name of the owner must be stenciled or painted upon the outside of each taxicab in conformance with rules established by OCTAP. .080 No taxicab may display advertising other than for its own services from its roof in any manner using raised frames, lighted panels or any other means. .090 No driver shall operate a taxicab for more than twelve consecutive hours nor shall any driver operate a franchised cab without having had, immediately preceding such twelve hours of operation, no less than eight consecutive hours time off within the previous sixteen hours during which no taxicab was operated by such driver. .100 No taxicab shall be operated in a manner that violates the terms and conditions of the ordinance granting its franchise or the representations made and commitments undertaken in the franchisee's application for its franchise. 4.73.200 TERM OF NONEXCLUSIVE FRANCHISE. The term of any franchise granted under the provisions of this chapter shall be for five (5) years unless earlier terminated under the terms of this chapter. Any such franchise shall extended for one (1) additional year after each of the first five years of the term thereof by the City Council upon Pirl request of the franchisee provided the City Council determines that the franchise has been exercised in a manner consistent with this chapter and with the terms and conditions of such franchise during such one year period. Each annual extension shall be requested in writing by the franchisee to the Director not earlier than thirty days prior to, nor later than thirty days following the annual anniversary date of the adoption of the ordinance approving said franchise. Failure to request any annual extension within the time period specified shall be deemed a waiver of said annual extension. 4.73.210 EFFECT OF CHAPTER 4.73 UPON CHAPTER 4.72 AND OPERATOR'S PERMITS PREVIOUSLY ISSUED THEREUNDER. .010 The provisions of Chapter 4.72 of Title 4 of the Anaheim Municipal Code shall be inoperative as of the date and time this Chapter 4.73 becomes effective and shall remain inoperative so long as the provisions of this Chapter 4.73 are in effect, except as otherwise expressly provided in this section. .020 Upon the effective date of any franchise granted pursuant to this Chapter 4.73, any operator's permit theretofore issued to said franchisee pursuant to Chapter 4.72 of this Code shall be null and void, and without further force and effect, except as otherwise expressly provided in this section. .030 Notwithstanding subsection .010 of this section, the provisions of Chapter 4.72 shall be operative and in full force and effect during any period the City is enjoined, restrained or otherwise prohibited by any court of competent jurisdiction from enforcing the provisions of this Chapter 4.73 requiring franchises for the operation of taxicabs or during any period an operator's permit issued pursuant to Chapter 4.72 is in effect pursuant to any provision of this section. .040 Any operator's permit issued pursuant to Chapter 4.72, which permit is in effect on the date this Chapter 4.73 is adopted, shall be in effect, subject to compliance with all applicable requirements of Chapter 4.72 and the terms and conditions of said permit, during any period the City is enjoined, restrained or otherwise prohibited by any court of competent jurisdiction from enforcing the provisions of this Chapter 4.73 requiring franchises for the operation of taxicabs. .050 In the event any court of competent jurisdiction enters any order temporarily restraining, enjoining or prohibiting the operation of taxicabs by a franchisee pending final adjudication in any court action challenging the validity of said franchise or 17 any provision of this chapter, any operator's permit theretofore issued to said franchisee pursuant to Chapter 4.72 of this Code, which permit was in effect on the date the ordinance approving said franchise was adopted, shall remain in effect during the period said court order is in effect provided that said permit and all taxicab operations thereunder shall comply with all applicable requirements of Chapter 4.72 and all terms and conditions of said permit. .060 In the event any court of competent jurisdiction enters a final judgment declaring any franchise issued pursuant to this chapter to be invalid or unenforceable, or permanently enjoining the operation of taxicabs pursuant to said franchise, any operator's permit theretofore issued to said franchisee pursuant to Chapter 4.72 of this Code, which permit was in effect on the date the ordinance approving said franchise was adopted, shall remain in effect provided that said permit and all taxicab operations thereunder shall comply with all applicable requirements of Chapter 4.72 and all terms and conditions of said permit. .070 Notwithstanding any other provision of this Chapter 4.73 to the contrary, any person or entity holding a valid operator's permit issued pursuant to Chapter 4.72 of this Code which permit is in effect on the date of adoption of this Chapter 4.73 (referred to herein as an "Existing Permit") which person or entity either (i) is not awarded an Initial Taxicab Franchise pursuant to subsection .010 of Section 4.73.045 of this Chapter, or (ii) is awarded an Initial Taxicab Franchise but fails or refuses to timely comply with the provisions of Section 4.73.080 of this Chapter, may continue to operate under the provisions of said Existing Permit, and the applicable provisions of Chapter 4.72 shall continue to apply with regard to said Existing Permit, subject to the following: .0701 Said Existing Permit shall be exercised and maintained in compliance with all applicable provisions of Chapter 4.72 of this Code and all terms and conditions of said Existing Permit; and .0702 The maximum number of taxicabs authorized pursuant to said Existing Permit shall be reduced to thirty (30) vehicles effective as of midnight on May 31, 2002; and .0703 Said Existing Permit shall expire and terminate in its entirety as of midnight on May 31, 2006. .0704 Nothing contained herein shall prohibit the person or entity exercising any rights under said Existing Permit from applying for a taxicab franchise at any time a franchise application period is open pursuant to subsection .030 of Section 4.73.045 of this Chapter. Failure to apply for or obtain a franchise during the period said Existing Permit is in effect shall not affect said Existing Permit or the duration thereof." Section 2.. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or suspension of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed orior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 24th day of April , 2001. 9 L ZA,000" MAY OF THE ITY OF A HEIM ATTEST: TY CLKRK THE CITY OF ANAHEIM 36930.8 19 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5765 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 17th day of April, 2001, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 24th day of April, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None / 41 i (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 3, 2001 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: May 3, 2001 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of Paste Clipping of Notice SECURELY In This Space Op'"004muf NO M Vit. VVHFRFAS, relao,e, sate and efficient taxicab service is necessary i.o facilitate the transportation of visitors to Ana- heim and for transportation of those residents who do not drive personal vehides for travel within the City of Anaheim and WHEREAS, the franchising of taxicab service within the City of Anaheim through a competitive process will promote the public health, safety and welfare by promoting stability among taxicab providers and by establishing higher stand- ards of service, safety and reliability among taxicab service providers, and WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim authorizes the City Council to grant franchises to persons or business entities furnishing trans- portation services to the inhabitants of the City; and WHEREAS. the City Council has received, reviewed and considered numerous studies, reports and other materials relating tc +rtxicab service in the City of Anaheim including, but not li,:. '.ed to Anaheim's Current and Future Taxi Serv- ice Needs dated September 30,1999; Anaheim Taxicab Franchise Developments - Recommendations dated July 20, 2000: Selection Committee Evaluation and Recommen- dations for Taxi Serv!ce Franchises dated March 27, 2001; Anaheim Business Taxicab Survey Results conducted by OCTAP and dated March 16, 1999; and A Study of the Abili- ty of South Coast Cab Company to Adequately Service the Non -Resod Areas of Anaheim as of November, 1997 pre- pared by lac, Armstrong & Associates; and WHEREAS, he City Council finds and determines that: (A) The:t: ct)rrertly exists a need within the City for up to three franchised taxicab providers to operate 230 taxicabs, which neer; will increase to 260 taxicabs and four taxicab providers in 2002. and that such need has been determined based upon: (1) `he adequscy of existing service within the City; (2) The Increased demand for service based upon growth in the City, particularly in the Anaheim Resort Area; and (3) The need to assure prompt, sate and reliable taxi service to the City's residents and visitors while avoiding the adverse effects upon the taxi businesses and the public which can result from an oversupply of taxicabs competing for the same, customers; and (B) The City Council has heretofore issued taxicab per- mits to three providers authorizingra total of 2B2 taxicabs within the City; and (C; The City Council has heretofore determined that it is In the public interest and general welfare of the City and its residents to establish new minimum standards for the opera - lion of taxicab services in the City, to raise the quality of taxi- cab service within the City, to replace the City's current per- mit procedures with new procedures for the award of trench ises on a competitive basis, and to provide for the orderly termination of existing taxicab permits and replacement of such permits with franchises to be awarded by the City Council on the basis of competitive proposals; and (D) -the City Council has heretofore established new standards for service for proposed franchisees and has pub- licly solicited requests for competitive proposals from poten- tial taxi providers, including each of the currentpermit hold- ers in the City, for the award of up to three initial franchises for 230 taxicabs; and (E; Not every existing taxicab permit holder in the City has submitted a proposal for one of the initial franchises and, therefore, at least one of the existing permit holders will not be awarded an initial franchise; and (F) Based upon the geographical area of the City (approximately 50 square miles) and the distance from the westerly to the easterly city limits (approximately 20 miles), a minimum of thirty taxicabs are necessary for any taxi pro- vider to adequately serve the needs of the entire City; and (G) It is in the public interest and general welfare of the residents of the City to provide for the orderly transition and termination of the taxicab permits heretofore approved by the City, and to provide procedures establishing a competi- tive process for the award of taxicab franchises in the future; and (H) An taxi operator currently operating under a permit from the City who is not awarded or does not accept an ini- tial franchise should be allowed to continue to operate for a reasonable period of time, even though such operation may result in an oversupply of taxicabs at lower standards of op- eration during such period, in order to achieve an orderly and reasonable transition from the current permit system to franchises, provided such operations should be limited, as to both number of taxicabs and duration of operation, to minimize the oversupply of authorized taxicabs and the ad- verse effects from such oversupply NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. That new Chapter 4.73 is hereby added to Ti- tle 4 of the Anaheim Municipal Code to read as follows: "Chapter 4.73 TAXICAB FRANCHISES "4.73.010 DEFINITIONS. For the purposes of this chapter, certain terms used herein are defined as follows: .010 "City" means the City of Anaheim. .020 "City Council" means the City Council of the City. .030"Director" means the Director of Planning of the City or his or her authorized representative. .040 "Driver" means a person who operates a taxicab. .050"Franchisee" means any person, firm, association, corporation, partnership or other entitygranted a franchise by the City pursuant to this chapter. Na;.'ale I�P� ! ­-. "iean5 tax car a -r r:- the ,+b_.i )',-e •,- ,m , sengers .. f,C city .080 "Owner" means the registered owner or lessor of a taxicab. .090"Taxicab'• means a motor vehicle operated tar hire to transport passengers to specific destinations of the passengers' choice, capable of carrying not more than eight persons, excluding the driver. The term shall exclude any vehicle operating as a charter party carrier licensed as such by any state agency or any other vehicle as to which a valid certificate of public convenience and necessity has been issued by any state agency. 4.73.020 TAXICAB FRANCHISES - PURPOSE AND DECLARATIONS. .010 It is declared and determined that the operation of taxicabs affects the health, safety and general welfare of the residents of the City. The operation of taxicabs requires that a high level of trust and confidence by the traveling public be established and maintained in the equipment, per- sonnel and procedures used for providing taxicab service. Such services are determined to be necessary for the use of residents who do not drive personal vehicles for obtain- ing the necessities of fife and for the efficient movement of guests and visitors about the City. Maintaining the vital role of taxicabs in the overall transportation assets of the City re- quires that only those taxicab owners and drivers who have demonstrated that they possess the facilities, control sys- tems and knowledgeable personnel to protect the interests of the City and the traveling public be authorized to provide taxicab service within the City. Therefore, it is a purpose of this chapter to adopt procedures to regulate this service to the community as authorized pursuant to Section 1400 of the Charter of the City of Anaheim. ex stir .a fra i, a t': .. - - -. ... ,ours,, deci u r t ,y a ... - .' - ie Permit oe c , es r a ,-.e - as ;- sp ne• . used in this section shalt have tie i c t �;;f I t ee ays c ate .. section .070 of Section 4.73.210 f hapte t or a ne at,r. rca rad . '':or Council may establish a deadiir e : receipt7pj a c ; in catio-; r -ay be a ,- - rons (the "application deadline due : any re ioc th, ,he 1 pub[ , hear,,-ps , onto -:eci into a ; • g - application process is deemed open upon the recent if ire ., r t: )f the : t "au*- one or more franchise applications p -= to any applicator deadline established by the City CoareI the City sha! c LA tie ria r q or nppncatior c - cept and process such taxicab franchise applications r ac- ( City Cw c r a .. ve an persons r =rte t cordance with the provisions set forth to Section 4 73 Oso of sonaole opportu.,,ry to present evice c t ery _ this Chapter, and shall award one or more additional taxi- heard in favor of i-, in opposition tc the c an i,g r, - cab franchises until the total number of taxicabs authorized chise to the app ant. At such hea ig the Tv c by all taxicab franchises equals the number of taxicabs may require `eon 'he applicant suer itdc nor in au:x theretofore determined by the City Council to be required as the City Couro, may deem rete, a -t a d aces - by the public convenience and necessity pursuant to sub- 'nearing may be )ntinuec or adlou_ ter+ o a state .- section .040 below. Following the application deadline. the :. and place >vil u, : "re giving of far'! ,r uve- application period for taxicab franchises shall be deemed closed and no further applications for taxicab franchises :' 4.73.070 CRITERIA FOR GRANTING NONEXCLU shall be accepted, processed or awarded until the applica- ! SIVE FRANCHISE.. tion period is reopened upon the occurrence of one of the events described above. .OtO Upon car t-;;sion a, the heat j o :he app for a franchise c- within a reasonat7le i -e not to - aed s- .040 Determination of Public Convw,ance and Necessity ty (60) days -hereafter, the City Courc t -tall reneE des for Additional Taxicabs- The City Council, at its sole and ab- sion on the appuc ation(s). The nor eK ;ive'ran ve sha solute discretion, by motion duly adopted by the City Coun- be granted or der led. based upon ramp arse w •it,. cil, may periodically schedule a public hearing to deter chapter and the `teria establishes r• r ant 'o s �ct,r:r mine, by resolution, whether the public convenience and net 020 of this sectic-•: Any grant of a franc-,,se_;,v tt , �itv cessity require the operation of additional taxicabs in the Anaheim. If the City Council determines that addition Council may be G.abject to such tam's c ,rditan . es regulations. restr J ons and limitations a he City : .nc'. City of at taxicabs are required, the resolution shall specify the num I deems necessat, or appropriate tc ;:� of . •e ow I bar of additional taxicabs required. Said resolution shall health. safety or-,eneral welfare. constitute the resolution referred to in subsection 03C above. Any determination that the public convenience and .020 The City )uncii may recen:� f e r,; - necessity require the operation of addi'ionat taxicabs in the of any current of 'aura advisory bccv e o City shad be based upon the followin^ I':ndings. City Council o t �:_: City Manager tc exar e r applications for a franchise and conside ,i� - el: .0401 That the additional taxica� will not subs:actially j tions in reaching is decisions. The' v wocrl ` -. impair the ability of the franchisees they. currently holding !i. sept, reject or an- any such rec.� * Caticr taxicab franchises from the City, under efficient manage : tena for evaluat e:y applications for -; ar :hise m , ... ment, to earn a fair and reasonable return on their cal uta. ii shed by such evaluation body suhloct - the app a vestments devoted to such taxicab r,w ace thereof by the C f, Council. The dec,sic, of the ..,pon the grant t^c, or rejection of at p act a. ,o ,a .0402 That the franchisees ten _rrently holding ax chise shall he f c, and conclusive cab franchises from the City, under -,!mal conditions are not adequately serving the reasonabl taxicab needs �, the .030Shoulo a arichise not be g City of Anaheim; and I the City shall iss a notice of sucr :- t j ica teen (15) follow✓ r the rejection or '� rn ! -- .0403 That the additional taxicab, together vwim.:he ; Council taxicabs then currently operated by franchisees hoicir.g taxi- I 1 cab franchises from the City, will not :.mduly congest over- 4.73.080 REQUIREMENTS FOR FRANCHISE burden, or interfere with any public street access or traffic flow, or any public or private parking. or any public or ori- No franchise 4 ,rated p�usrant ir '- s a, - vat. taxi stands or taxi queuing areas. or otherwise aeate come effective , ess ane until at -r ri any danger or hazard to the public peace.. health or safety i rents have bee, satisfied .02011 is also recognized that the City is required to adopt and implement a mechanism to promote the safe and a F cient transportation of residents and visitors and that the City may impose fees to fund the cost of thiseffort and to augment the funds available for assuring the quality of taxi- cab service and enforcing the standards promulgated by the City. .03OThe electors of the City, by the adoption of Article XIV of the City Charter, elected to implement the home rule pro- visions of Article XI of the Constitution of the State of Califor- nia as to municipal affairs and, because the granting of non- exclusive franchises of the nature referred to herein are with- in ith in the class of actions designated as municipal affairs, the City Council hereby declares that the provisions of this chap ter, together with the provisions of the Charter of the City, shall constitute the exclusive procedure for the granting of franchises for the operation of taxicabs and shall supersede any otherwise applicable provisions of this Code. 4.73.030 ACTIVITIES WHICH ARE UNLAWFUL UN- LESS AUTHORIZED - ACTIVITIES NOT COVERED. Except as may otherwise be permitted in this chapter, it is unlawful for any person to operate a taxicab or solicit pas - senggars for transportation in a taxicab within the City unless the following conditions have been met: 010 A franchise therefor has first been granted pursuant to the provisions of this chapter and such franchise is in full force and effect; and .020A written acceptance of the franchise has been timely executed by the grantee a, provided in Section 1403 of the City Charter. .030This chapter shall not apply to limousine or livery vehi cies displaying the identification specified in Vehicle Code Section 5011.5 available to members of the public by a,y person or vehicles designed to transport more than eight passengers, excluding the driver. 4.73.040 NONEXCLUSIVE FRANCHISE - TERMS AND CONDITIONS. .010 Subject to the limitations of this chapter, the Cray Council may, and is empowered to, grant by ordinance, to any qualified person, firm, association, corporation, patner- ship or other entity, a nonexclusive franchise to operate taxi- cabs within the City in such number as expressly provided in said franchise. .020AII franchises granted pursuant to this chapter ::hall be nonexclusive. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number. However, in the sole exer- cise of its discretion, and in accordance with the prose dures set forth in this chapter, the City Council may limit the number of franchises which may be extant. .030AII nonexclusive franchises granted hereunder shall be subject to the terms and conditions specified in the City Charter, and in this chapter, and in the ordinance granting the franchise, and in the terms and conditions set forth in the Request for Proposals for Providing Taxicab Service and the responses provided by the franchisee thereto. .0401n granting any franchise, the City Council may pre- scribe such terms and conditions, not in conflict with the City Charter or this chapter, as in the judgment of the City Council are in the public interest. 4.73.045 NUMBER OF TAXICABS FRANCHISED. .010 Initial Taxicab Franchises. Following the adoption of this chapter, the City Council, by ordinance, shall award not more than three franchises for the operation of 230 taxicabs within the City (the 'Initial Taxicab Franchises"). Said french ises may also provide for the occasional and temporary op- eration of additional taxicabs by such franchisees in such numbers and on such days and periods of peak need as mayy be exxppressly authorized In said franchise ordinances. 02OAdditional Franchises. Following the adoption of ordi trances approving the Initial Taxicab Franchises as provided in subsection .010 above, the application period for taxicab franchises shall be deemed closed and no further applica- tions shall be accepted or processed, and no further french ises shall be awarded, by the City except as hereinafter pro- vided. The term "franchiseesas csec pts subsetct!o­ ^40 j shall include any person or entity lawf:.;ily operating : ,der an Existing Permit as defined n, subsection .070 of Sr :or - 4.73,210 of this Chapter 4.73.050 APPLICATION FOR FRANCHISE. Within any application per od s r .stied t sunset " .030 of Section 4.73.045 of this Chapter, any app car eek ing to operate as a franchisee or any '.hen existing f -a chi - see seeking to increase the number �t taxicabs it is a fort ized to operate, may apply to the CIT, r,y filing with tit Code Enforcement Division of the Planing Departirer; upon forms supplied by the City anc i,- accordance :h, ", the I request for proposals issued by the City therefor, a verified application containing at a minimum the following irf! m -•.a - tion which shall be binding upon a!,,,. enforceable ipon the applicant in any franchise awarded pursuant to such ool cation. Any application by an existing franchisee to .r crease the number of taxicabs it Is at to or r ani- shall te shall be deemed an application for a new and searate'ran - chise for purpposes of the processing :'' such applicator- pursuant pplicator pursuant to'his chapter .010 Name and address of aopUcer .0101 If the applicant n a or pr r -,lion, the state :_ ` ,car potation and the names and addres the each office, thereof. ,0102 If the applicant is a partnership. the name add ad dress of each partner shall be set forth in the application. .020A list of all vehicles, including ocense plate numbers and vehicle identification numbers, to be used in cor,: �ec- tion with the franchise for which the application is filed and the age of said vehicles. .030A list of all drivers who will operate a taxicab pin - suant to such franchise, accompanied by the California drivers' license number and license class of each such person. 04OProof of insurance in a form acceptable to the C,ty .050Such other and further information as the Coco En- forcement Manager may reasonably require to evaluate and Process applications for the franchises to be awarded hereunder. The requirements of this Chapter shall supersede the re- quirements of Chapter 1.03 of this Code with regard to taxi- cab franchise applications. 4.73.080 PUBLIC NEARING. .010 Upon receiving one or more applications for a fran- chise within any application per oil established under the provisions of this chapter and reviewing the same for com- pleteness and accuracy, the Code Enforcement Manager shall present the fully and properly completed application(s) to the City Council at a regularly scheduled meeting thereof[. .020At such meeting, or within a reasonable time there- after, the City Council shall adopt a resolution giving notice of the application(s) and setting a date and time for a public hearing on the application(s). The resolution shall give no- tice that one or more appiication(s) has been filed for a fran- chise under this chapter, shall refer to and Incorporate by reference the application(s) on file with the Code Enforce- ment Manager, and shall contain notice of the time and pplace the City Council will hear persons desiring to be heatd in favor of or in opposition to the granting of such franchiae(s). The City Clerk shell rovide the contents of syph applkxUon upon requ of any member of the fIQ s bili t such-IrWottinsillon as re ptyA 0tiofany:applir 0'O The %wall- ice gran ing the JaOThe app tri has piovicec i v --,ince as to all the erms and condo i, . tat J'. -- City Co - d,' for grantintq of the ern c sF l'- - '.he d.r.a,,,e �;no The ranchic. .030The apps ,t has provided i, - Piete list of the ­' icles to be uses t,) authorized c'y thr, franchise by To st at -et ber and the pars -,rel ascigrad [lief sic - �< appilcin! s acre. _ince of the fram a se 0407the ap^ int has provided i -. -. with the hsurarr = requirements at an, -t -. conditions of tr' chapter and any -1 her e - dors of operatior as imposed byy ttte t - ager of Code _ ,cement. the Po ise C of . . Ob-. II in:)!, :, fran,.f ise fees ,, 4.73.080 INDEMNIFICATION OF THE CITY Otu The franc, se shall provide -hit tr e F. ncr indemnify, hold h armless, release ar•o oeferthl *re -- City Council ane. each member thereof 3,c its of pioyees, comms;ion members and rep, .se^xatro .. and against any and all liability, claims, witsco x -•,. as, fines, judgments, settlements, charges or pe K, : ever, including reasonable attorneys fees. regard merit or outcome of the same arising nuc nf. or ;r ner connected wth, any or all of the operations or ;car` -:ice authorized, conducted or permitted finder a rcne:, - i-...... franchise agreement grant under this chapter .020 Applicant- shall sign an affidavit .e: a to.n rag!•, ble to the City Attorney which conf:ams their unde r d, of and agreemer' to the obligations imposes urn s ,v tion, as a condition precedent for resew ng a. fear hereunder 4.73.100 TERMINATION OF NONEXCLUSIVE li CHISE BY THE CITY COUNCIL. .010 The City Council shall have he r to suspend any franchise awarded here c - r ror e -. sons and pursuant to the procedures set forth section. .020 A notice cf intent to terminate a nonexclusv=t rrai chise shall be personally delivered or mailed by certified mail, at the discretion of the City, to the party named anu : the address given on the application pursuant to -.white such nonexclusive franchise was issued The notice snai. state the grounds for termination or suspension and seal'' give the franchisee notice of a hearing before the City Co,. al thereon, which shall be convened no more than 15 day.-. after the date of notice unless the time for such hearing s extended by mutual agreement. The hearing shall'' oe cot. ducted and closed, and decision rendered theeee- withir 60 days after the date of the notice unless the time tnerefc is extended by mutual agreement. 030The City Council shall have the right to tennirarc, r. ordinance, any nonexclusive franchise granted pursuant tc this chapter ff the City Council finds based upon a prepare derance of the evidence, after a public hearing, that the 'ra- chisee has failed to comply with any term, condition or otr er requirement of the franchise or that franchisee has failed to pay the franchise fees required under this chalets, or - violated any provision of the ordinance granting the none, clusive franchise. or any ordinance of the City or any law regulation of OCTAP, of the state or of the United States connection with the performance of the nonexclus ve fear chise or that franchisee's conduct demonstrates the; the franchisee is unable or unwilling to comply with the terms, tole nenexoluaMs fr&VOtiea :: a A ri ­cii r catir , heanrgreceive uc�l a -I s pr > >e take te,hmony therevr .e „ recr. , en.:a it I, ro the Ct Council or th. i� , we c: ore the heal r ig officer The hearr, g officer shall oe i ;elecled by the mutual agreement of the parties by alter- nately striking names from a list provided by the California State Mediation and Conciliation Service. The expenses of the hearing officer shall be shared equally by the city and the franchisee. If the franchisee fails to timely participate in the process of selection of the hearing officer, the City Coun cil may appoint such a hearing officer who will be compen- sated by the City. 050 At a regularly scheduled meeting held within sixty (60) days of the issuance of the hearing officer's recommen- dations, the City Council may by motion adopt, reject or modify and adopt the findings of the hearing officer by a vote of no less than three members. If the recommendation of the Hearing Officer is rejected, the City Council shall de- termine the issue at that time and may instruct the City Attor- ney to prepare a proposed written decision incorporating the conclusions of the City Council. The City Council shall adopt or modify such proposed decision by motion within twenty-one (21) days of its decision. The adoptior. of a diapositive motion by the City Council shall conclude the ad- ministrative process. Notice of the decision of the City Council shall be provided by certified mail to the franchisee. 4.73.110 TEMPORARY SUSPENSION OF FRANCHISE. The Director may temporarily suspend any nonexclu- sive franchise without a hearing, whenever the continued op oration by the franchisee would constitute a danger to pub- lic health, safety, welfare or public morals, including, with- out limitation, where there is a failure to maintain the mini- mum levels and standards of liability insurance or claims re- serve or failure to keep in full force and effect any applica- ble licenses or permits required by federal, state or local law. The notice of temporary suspension shall be either (1) personally delivered to the party named and to the address given on theap lication pursuant to which such franchise was issued, or �2) mailed by certified mail to the party named at the address given on the application pursuant to which such franchise was issued. The temporary suspen- sion is effective upon the earlier of either delivery of said no- tice or the expiration of five (5) days from the date of mail- ing. The notice of temporary suspension shall include a no- tice of the date and time for a termination hearing and all other information required by Section 4.73.100. The tempo- rary suspension shall remain effective until the decision on termination by the City Council is made pursuant to Section 4.73 100 or unless and until the suspension is earlier lifted by written notice of the Director. By mutual agreement, the time limitations provided in Section 4.73.100 may be modi- fied to avoid unnecessary hardship. 4.73.120 NON -ALIENATION OF FRANCHISE. Any nonexclusive franchise granted pursuant to this chap- ter is a privilege to be held in trust by the original franchi- see. Such nonexclusive franchise shall not be sold, leased, transferred, assigned, or otherwise disposed of, either in whole or in part, whether by forced sale, merger, consolida- tion, bankruptcy, reorganization under bankruptcy laws or otherwise, without the prior written consent of the City Coun- cil. The consent of the City Council shall be subject to such terms and conditions as it may prescribe. Any attempted sale, lease, transfer, assignment or other attempted disposi- tion of this franchise without the prior written consent A the City Council shall render said franchise null and void. 4.73.130 FRANCHISE FEES. .010 Each franchisee granted a franchise pursuant to this chapter shall pay a franchise fee to the City during the term of such franchise. The franchise fee shall be in an amount as set forth by resolution adopted by the City Council. .020Frmchise fees shall be due and payable in a manner and at a time established by the City Council. The first pay- ment of franchise fees shall be due and payable within thirty (30) days of the effective date of the franchise. Thereafter, quarterly payments of the franchise fee shall be due and payable within fifteen (15) days from and after the end of each three-month period during which the franchise is in ef- fect. Each payment shall be calculated in accordance with the provisions of the resolution adopted by the City Council pursuant to this chapter. .030 The Director shall require franchisees to establish and maintain a deposit to be held by the City from which payments of required franchise fees shall be deducted. The Director of Finance shall deduct the appropriate franchise fee from said deposit and notify the franchisee of said de- duction. The failure to maintain such deposit account at the level prescribed shall be deemed a failure to pay the re- quired franchise fees. Interest earned by such deposited funds, if any, shall be credited to the depositor. .040The payment of franchise fees to the City by the fran- chiseepursuant to this chapter shall be in addition to any li- censefee or business license tax prescribed by the City. 4.73.140 CITY INSPECTION AUTHORITY. The franchisee shelf at all times maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this chapter, a list of vehicles in use as taxis, any complaints by patrons and such other information as is necessary to verify compliance with the terms of the franchise granted hereunder. Franchisee's books, accounts and records per- taining to compliance with the terms of the franchise shall at all reasonable times be open to Inspection, examination and audit by authorized officers, employees and agents of the City. The refusal of the franchisee to provide the re- quired records for inspection by the City shall be deemed a violation of the franchise and shall be cause for termination of the franchise. Any proprietary dataprovided to the City shall be maintained as confidential to the extent permitted by law. 4.73.180 TAXICAB FRANCHISE DECALS REQUIRED.' Upon the gCanting of a franchise pursuant to this Chapter, the owner of "ch taxicab fipnchised hereunder shall cause to be affixed til each and taxicab so franchised decals issued try Cita s CC48�eriant Division. Two decals shall tie to each vehide covered by a taxicab fran- chise - o]n: the teff front f_ander and one on the right front fenderin hr. TM owneris and issuing mid deedsin an o v,r ati of the Civ Council. it 1.73.160 POWERS RESERVEL__? THE iATY. r aadibun to a i of❑er r yr z nese , -ec la the , s hapte:- the ollewirq sIllll aor) +. 010 There is reserved to the City every right and power, Ind the exercise thereof, which is reserved or authorized by Iny provisions of any lawful ordinance or resolution of the ry, whether enacted before or after the effective date of he ordinance codified in this chapter .020Neither the granting of any nonexclusive franchise tar any provisions of any nonexclusive franchise shall con- stitute a waiver of or a bar to the exercise of any governmen- alrigght or power of the City. 030The franchisee shall have no recourse whatsoever against the City, its officers, employees or agents, for any ass, cost, expense or damage arising out of any provision ar requirement of this chapter or of any nonexclusive fran- :hise issued under this chapter or because of the enforce - vent of this chapter. .040There is expressly reserved to the City the power and authority to amend any section of this chapter so as to re- quire additional or greater standards on the part of the fran- chisee and the power and authority to increase the nonex- clusive franchise fees to be paid by the franchisee pursuant to Section 4.73.130. 4.73.170 VIOLATION • PENALTY. Any person who operates a taxicab wfthin the City with- Dut a valid franchise therefor from the City, and/or any fran- chisee or owner of a taxicab which permits such taxicab to be operated within the City without such a franchise, and/or any person who operates a taxicab in violation of any provi- sion of this chapter, and/or any franchisee or owner of a taxi cab which permits such taxicab to be operated in violation of any provision of this chapter, and/or any driver, franchi- see, owner or other person, firm, partnership, corporation or other entity who or which violates any provision of this chap- ter, or any owner of a taxicab which permits the operation of a franchised taxicab, within the City in violation of any provi- sion of this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punishable asprov dad in Sec- tion 1.01.370 of the Anaheim Municipal Code. 4.73.180 LIABILITY INSURANCE. The Division of Risk Management shall be authorized to prescribe the minimum levels and standards of liability insur once which must be maintained in order to apply for, to re- ceive and to operate a franchise under this chapter and the manner in which compliance with the minimum standards is demonstrated. The failure to maintain the minimum levels and standards of liability insurance for any period of time is a violation of this chapter and shall be sufficient grounds for temporary suspension or termination of a nonexclusive franchise. 4.73.190 REQUIREMENTS FOR OPERATION OF FRANCHISED TAXICABS. No driver shall operate, and no owner or franchisee shall permit operation of any taxicab under its ownership or control, except in accordance with the following requirements: 010 A driver shall carry a passenger to his or her destina- tion by the most direct feasible route unless otherwise direct ad by the fare payer. .020 Each taxicab franchised hereunder shall display all permits issued by OCTAP under the rules promulgated by OCTAP. .030 Each taxicab shall have prominently displayed in the passenger compartment a schedule of rates and charges, the driver's name and address, the owner's name, address and telephone number and the taxicab identification num- ber. .040 A driver shall provide any passenger with a receipt for the full fare and tip paid at the request of the passenger. .050 A driver shall not leave his or her cab to solicit passengers. .060 No taxicab shall be operated unless the passenger compartment is in a clean and sanitary condition. .070 The name or trade name of the owner must be sten- ciled or painted upon the outside of each taxicab in con- formance with rules established by OCTAD. .080 No taxicab may display advertising other than for its own services from its roof in any manner using raised frames, lighted panels or any other means. .090 No driver shall operate a taxicab for more than twelve consecutive hours nor shall any driver operate a frau chised cab without having had, immediately preceding such twelve hours of oppeenation, no less than eight consecutive hours time off withiri the previous sixteen hours during which no taxicab was operated by such driver. .100 No taxicab shall be operated in a manner that viola- tes the terms and conditions of the ordinance granting its franchise or the representations made and commitments un dertaken in the franchisee's application for its franchise. 4.73.200 TERM OF NONEXCLUSIVE FRANCHISE. The term of any franchise ranted under the provisions of this chapter shall be for five $) years unless earlier termi- nated under the terms of this chapter. Any such franchise shall extended for one (1) additional year after each of the first five years of the term thereof by the City Council upon request of the franchisee provided the City Council deter- mines that the franchise has been exercised In a manner consistent with this chapter and with the terms and condi- tions of such franchise during such one year period. Each annual extension shall be requested in writing by the french see to the Director not earlier than thirty days prior to, nor later than thirty days following the annual anniversary date of the adoption of the ordinance approving said franchise. Failure to request any annual extension within the time pet ad specified shall be deemed a waiver of said annual extension. 4.73.210 EFFECT OF CHAPTER 4.73 UPON CHAP TER 4.79 AND OPSItATOR'S PERMITS PREVIOUS LY ISSUED THEREUNDER. 010 The provisions of Chapter 4.72 of Title 4 of the Ana- heim Municipal Code shaft be inaperaUve as of the date and time this Chapter 4.73 beCCries effscilve and shall remaln iri9l milt!w4tr n i riffi g?isbritd1A10Oovidedint wffart exrent as ptFierwise eiipressly provided in this in the manner required by I section. i721�L;j�0_,: - ,an' to tnw core - Ssued to sail fran.'r Pe C 1,-. ';rade s al �e -.,ii . 030Notwithstanoinq subsea , - - rovisions of Chapter 4 72 shail be opera[ ve a c xce and effect during any period the City is ,nlc Pi trained or otherwise prohibited by any court of cornpe?reg insdiction from enforcing the provisions of this Chapter .73 requiring franchises for the operation of taxicabs ig any period an operator's permit issued pursuant tc )hapter 4.72 is in effect pursuant to any provision of this action. 040Any operator's permit issued pursuant to Chapter 1.72, which permit is in effect on the date this Chapter 4.73 s adopted, shall be in effect, subject to compliance with al Ipplicable requirements of Chapter 4.72 and the terms and :ondrtions of said permit, during any period the City is an- oined, restrained or otherwise prohibited by any court of :ompatent jurisdiction from enforcing the provisions of this ;hapter 4.73 requiring franchises for the operation of taxi - ;abs. .0501n the event any court of competent jurisdiction on - era any order temporarily restraining, enjoining or prohibit- sgg the operation of taxicabs by a franchisee pendingg final Cdjudication in any court action challenging the validity of raid franchise or any provision of this chapter, any iperator's permit theretofore issued to said franchisee pur- suant to Chapter 4.72 of this Code, which permit was in at. act on the date the ordinance approving said franchise was adopted, shall remain in effect during the period said court xrder is in effect provided that said permit and all taxicab op irations thereunder shall comply with aN applicable require- nents of Chapter 4.72 and all terms and conditions of said xarmit. 0601n the event any court of competent jurisdiction en - era a final judgment declaring any franchise issued pus. :want to this chapter to be invalid or unenforceable, or Dere nanently enjoining the operation of taxicabs pursuant to laid franchise, any operator's permit theretofore issued to said franchisee pursuant to Chapter 4.72 of this Code. winch permit was in effect on the date the ordinance approv, ng said franchise was adopted, shall remain in effect provid ad that said permit and all taxicab operations thereunder •hall comply with all applicable requirements of Chapter 4.72 and all terms and conditions of said permit. .070 Notwithstanding any other provision of this Chapter 4.73 to the contrary, any person or entity holding a valid operator's ermit issued pursuant to Chapter 4.72 of this Code which permit is in effect on the date of adoption of this Chapter 4.73 (referred to herein as an "Existin Permit" which person or entity either (i) is not awarded an Initial Taxi cab Franchise pursuant to subsection .010 of Section 4.73.045 of this Chapter, or (ii) is awarded an Initial Taxicab Franchise but fails or refuses to timely comply with the prow. sions of Section 4.73.080 of this Chapter, may continue to operate under the provisions of said Existing Permit, and the applicable provisions of Chapter 4.72 shall continue to apply with regard to said Existing Permit. subject to the following: 0701 Said Existing Permit shall be exercised ani: maid twined in compliance with all applicable provisions cf Chapp- ter 4.72 of this Code and all terms and conditions of said Ex isting Permit; and .0702 The maximum number of taxicabs authorized pw suant to said Existing Permit shall be reduced to thirty !301 vehicles effective as of midnight on May 31. 2002.. area .0703 Said Existing Permit shall expire and terminate in its entirety as of midnight on May 31. 2006. .0704 Nothing contained herein shall prohibit the per- son or entity exercising any rights under said Existing Per mit from applying for a taxicab franchise at any time a fran- chise app applying period is open pursuant to subsection .030 of Section 4.73.045 of this Chapter. Failure to apply for or obtain a franchise during the period said Existing Permit is in effect shall not affect said Existing Permit or the dura- tion thereof." Section 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence or word of this ordinance be declared for any reason to be in- valid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be de- clared invalid. Section 3- SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or suspension of any other ordinance of this City shall in any manner effect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penal ty or the penal provisions applicable to any violation thereof. The the of this ordinance, insofar as they are substan dally the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be con strued as restatements and continuations and not as new enactments. THE FOREGOING ORDINANCE is approved and adopt ed by the City Council of the City of Anaheim this 24th day of April, 2001. TOM DALY MAYOR OF THE CITY OF ANAHEIM ATTEST: SHERYLLSCHROEDER CITY CLERK OF THE CITY OF ANAHEIM Published: Anaheim Bulletin May 3, 2001 25-566 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 3, 2001 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": AN ORDINARM OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING A NEW CHAPTER 4.73 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TAXICAB FRANCHISES - WHEREAS, reliable, safe and efficient taxir•3b service Is necessary to facilitate the trans-. station of visitors to Ana- heim and for transportation of those residents who do not- d ve personal vehicles for travel within the City.of Anaheim WHEREAS, the franchising of taxicab service within the City of Anaheim through a competitive process will promote the public health, safely end welfare by promoting stablltty emong.taxicab providers and by establishing higher stand- ards of service, safety and reliability among taxicab service providers; and WHEREAS, Section 1400 of Article XN of the Charter of the City of Anaheim authorizes the City Council to gram franchises to Persons or business entitles furnishing trans- portation services to the Inhabitants of the City; and WHEREAS, the City Council has received, reviewed and considered numerous studies, reports and other materials relating to taxicab service in the City of Anaheim including, but not limited to: Anaheim's Current and Future Taxi Serv- ice Needs dated September 30, 1999; Anaheim Taxicab _ Franchise Developments - Recommendations dated July 20, 2000; Selection Committee Evaluation and Recommen- dations for Taxi Service Franchises dated March 27, 2001; Anaheim Business Taxicab Survey Results conducted by OCTAP and dated March 18, 1999; and A Study of the Abili- Vty of South Coast Cab Company to Adequately Service the Non-Resort Areas of Anahe m as of November,1997 pre- pared by Jack Armstrong & Associates; and WHEREAS, the City Council finds and determines that: (A) There currently exists a need within the City for up to three franchised taxicab providers to operate 230 taxicabs,.. which need will Increase to 260 taxicabs and four taxicab - Providers in 2002, and that such need has been determined based upon: (1) The adequacy of existing service within the Clty; (2) The Increased demand for service based upon growth in the City, particularly in the Anaheim Resort Area; and (3) The need to assure prompt, safe and reliable taxi service to the City's residents and visitors while avoiding the adverse effects upon the taxi businesses and the public which can result from an oversupply of taxicabs competing for the same customers; and (B) The City Council has heretofore issued taxicab per- mits to three providers authorizing a total of 282 taxicabs within the City; and - (C) The City Council has heretofore determined that it is in the public interest and general welfare of the City and its residents to establish new minimum standards for the opera tion of taxicab services in the City, to raise the quality of taxi- cab service within the City, to replace the City's current per- mft procedures with new procedures for the award of franch- ises on a competitive basis, and to provide for the orderly termination of existing taxicab permits and replacement of such permits with franchises to be awarded by the City Council on the basis of competitive proposals and (D) The City Council has heretofore established new standards for service for proposed franchisees and has pub- licly solicited requests for competitive proposals from poten- tial taxi providers, including each of the current permit hold- ers in the City, for the award of up to three Initial franchises for 230 taxicabs; and (E) Not every existing taxicab permit holder in the City has submitted a proposal for one of the initial franchises and, therefore, at least one of the existing permit holders will not be awarded an initial franchise; and Executed at Santa Ana, Orange County, I(Fj Based upon the geographical area of the City California On (approximately 50 square miles) and the distance from the westerly to the easterly city limits (approximately 20 miles), a minimum of thirty taxicabs are necessary for any taxi pro- vider to adequately serve the needs of the entire City; and Date: May 3, 2001 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 (id It Is in the public interest and general welfare of the residdents of the City to provide for the orderly transition and termination of the taxicab permits heretofore approved by the City, and to provide procedures establishing a competi- tive process for the award of taxicab franchises in the future; and (H) An text operator currently operating under a permit from the City who is not awarded or does not accept an ini- tial franchise should be allowed to continue to operate for a reasonable period of time, even though such operation may result in an oversupply of taxicabs at lower standards of op- eration during such period, in order to achieve an orderly. and reasonable transition from the current permit system to franchises, provided such operations should be limited, as to both number of taxicabs and duration of operation, to minimize the oversupply of authorized taxicabs and the ad- verse effects from such oversupply. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS; Section t. That new Chapter 4.73 is hereby added to TI- tie 4 of the Anaheim Municipal Code to read as follows: .Chapter 4.73 TAXICAB FRANCHISES -4.73.010 DEFINITIONS. For the purposes of this chapter, certain terms used herein are defined as follows: .010 "City" means the City of Anaheim. .020 "City Council" means the City Council of the City. 030"Director" means the Director of Planning of the City or his or her authorized representative. y .040 "Driver" means a person who operates a taxicab. tatlon Authority." 070u "Operate" or "Operate a taxicab" mar taxicab and either solicit or pick up passeng city. 080 "Owner" means the registered owner taxicab. 090"Taxicab" means a motor vehicle ope transport passengers to speciffc destinations passengers' choice, capable of carrying not eight persons, excluding the driver. The tern any vehicle operating as a charter party cart. such by any state agency or any other vehic valid certificate of public convenience and m been issued by, any state agency. 4.73.020 TAXICAB FRANCHISES - PUI DECLARATIONS. - .0101t Is declared and determined that the taxicabs affects the health; safety and geneu residents of the City. The operation of taxice. that a high level of trust and confidence by t public be established and maintained in the sonnet and procedures used for providing to Such sefyices are determined toke necessa of residents who do not drive Personal vehic Ing the necessities of life and for the efficiem guests and visitors about the City. Maintainr of taxicabs In the overall transportation asset quires that only those taxicab owners and dr demonstrated that they possess the facilities tams and knowledgeable personnel to prote: of the City and the traveling public be author taxicab service within the City. Therefore, it is this. chapter to adopt Procedures to regulate the community as authorized pursuant to Se, the Charter of the City of Anaheim. 0201t is also recognized that the City is rec and implement a mechanism to promote the clent transportation of residents and visitors e City may impose fees to fund the cost of this augment the funds available for assuring the cab service and enforcing the standards pro! 030The electors of the City, by the adoptic of the City Charter, elected to implement the visions of Article XI of the Constitution of the rife as to municipal affairs and, because the c exclusive franchises of the nature referred to - In the class of actions designated as municip City Council hereby declares that the provisi, ter, together with the provisions of the Charte shall constitute the exclusive procedure for t: franchises for the operation of taxicabs and any otherwise applicable provisions of this C 4.73.030 ACTIVITIES WHICH ARE UNi LESS AUTHORIZED " ACTIVITIES NOT Except as may otherwise be permitted ii Is unlawful for any person to operate a taxic� sengers for transportation In a taxicab within the following conditions have been met: - 010A franchise therefor has first been gre to the provisions of this chapter and such Ira force and effect; and .020A written acceptance of the franchise executed by the grantee as provided in Sect, City Charter. .030This chapter shall not apply to limoue. ties displaying the identification specified in Section 5011.5 available to members of the p person or vehicles designed to transport mot passengers, excluding the driver. 4.73.040 NONEXCLUSIVE FRANCHISE AND CONDITIONS. 010 Subject to the limitations of this chapte Council may, and is empowered to, grant by any qualified person, firm, association, corps ship or other entity,a nonexclusive franchise cabs within the Cin such number as expre In said franchise. 020AII franchises granted pursuant to this be nonexclusive. No provisions of this chaps deemed to requirb restricting the number of one or any particular number. However, in tt else of its discretion, and in accordance with dures set forth in this chapter, the City Counc number of franchises which may be extant. 030AII nonexclusive franchises granted he be subject to the terms and conditions speci' Charter, and in this chapter, and In the ordina the franchise, and in the terms and conditions the Request for Proposals for Providing Taxic: and the responses provided by the franchisee .0401n granting any franchise, the City Cow scribe such terms and conditions, not in confl City Charter or this chapter, as in the judgmer Council are in the public Interest. 4.73.045 NUMBER OF TAXICABS FRAN .010Initial Taxicab Franchises. Following th this chapter, the City Council, by ordinance, s more than three franchises for the operation o within the City (the "Initial Taxicab Franchises' ises may also provide for the occasional and I eration of additional taxicabs by such franchis, numbers and on such days and periods of pe, may be expressly authorized In said franchise 020Addltional Franchises. Following the ac nanees approving the I Kiel Taxicab Franchise in subsection .010 above, the application peric franchises shall be deemed closed and no fun tions shall be accepted or processed, and no ises shall be awarded, by the City except as hr