5772ORDINANCE NO. 5772
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING VARIOUS SECTIONS
OF CHAPTER 4.72 OF TITLE 4, AND ADDING
SECTION 1.03.070 TO CHAPTER 1.03 OF TITLE
1, OF THE ANAHEIM MUNICIPAL CODE RELATING
TO TAXICABS
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Section 4.72.020 of Chapter 4.72 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
""4.72.020 OPERATOR' S PERMIT REQUIRED.
.010 Except as authorized pursuant to Chapter 4.73 of this
Code, it shall be unlawful for any person to conduct a taxicab
business within the City, or permit any person to operate a
taxicab within the City pursuant to such business, without first
obtaining and maintaining in full force and effect an operator's
permit approved pursuant to the provisions of this Chapter. The
operator's permit required by this Chapter shall be in addition
to any business license or other permit, certificate or license
required by this Code or any other provision of law.
.020 Except as authorized pursuant to Chapter 4.73 of this
Code, it shall be unlawful for any person to operate a taxicab in
the City unless such taxicab is duly authorized to operate within
the City pursuant to, and in accordance with, a valid operator's
permit approved by the City and the owner or operator thereof has
first obtained, and is maintaining in full force and effect, all
other permits, certificates and other entitlements required by
this Code or any other provision of law for the operation of such
taxicab including, if applicable, any certificate required by
Section 4.72.085 of this Chapter."
SECTION 2.
That new Section 4.72.025 be, and the same is hereby added
to Chapter 4.72 of Title 4 of the Anaheim Municipal Code to read
as follows:
1
"4.72.025 NUMBER OF TAXICABS PERMITTED.
This section shall be inoperative so long as any
provision of Chapter 4.73 of this Code requiring franchises for
taxicab operators is in effect notwithstanding any provision of
Section 4. 73.210 to the contrary.
.010 The City Council has heretofore determined that, as of
the effective date of this section, a maximum of 230 taxicabs are
required to adequately serve the taxi needs of the City, its
residents and visitors, together with such temporary taxicabs as
may be issued temporary permits pursuant to the provisions of
Section 4.72.085 of this Chapter to meet the temporary or
occasional needs for additional taxi service. As of the
effective date of this section, the City has issued, and there
are in effect, three operator's permits authorizing a total of
282 taxicabs in the City, together with such temporary taxicabs
as have been or may be issued temporary permits pursuant to
Section 4.72.085 of this Chapter.
.020 Additional Permits. Upon the effective date of this
section, the application period for operator's permits shall be
deemed closed and no applications for operator's permits shall be
accepted, processed, or approved by the City, including any
operator's permit applications filed with the City prior to the
effective date of this section, except as hereinafter provided in
this Chapter.
.030 Permit Application Period. In conjunction with, or
following, either ( i ) the adoption of a resolution of public
convenience and necessity pursuant to subsection .050 below, or
(ii) any City Council decision terminating any existing
operator's permit becoming final pursuant to Section 1.12.100 of
this Code, the City Council, by resolution, may establish a date
that the application period for operator's permits shall be
deemed open ( the "open application date") and a deadline date for
the receipt of such applications (the "application deadline").
Following the application deadline, the application period for
operator's permits shall be deemed closed and no further
applications for operator's permits shall be accepted by the City
until the application period is reopened upon the occurrence of
one of the events described above.
.040 Processing of Permit Applications. Upon the receipt of
one or more operator's permit applications during any open
application period, the City shall process such applications in
the order that such applications were received by the City Clerk;
provided, however, that all applications filed with the City
Clerk on the first day of any open application period shall be
6-
deemed received at the same moment in time, and the order of the
processing of such applications, including the order of
scheduling and conducting any public hearings thereon, and the
order of any decisions thereon by the City Council, shall be
determined by a random drawing by the City Clerk held at a time
and place determined by the City Clerk following notice to all
applicants which filed applications on such first day of the
application period. The City Council shall process and consider
such timely filed applications in a sequential manner with each
succeeding application processed, a public hearing conducted, and
a decision made by the City Council thereon, only after a final
decision by the City Council on the immediately preceding
application. The City shall continue to process said
applications in this manner until such time as the City Council
has issued one or more additional operator's permits authorizing
additional taxicabs in the maximum number authorized and
established pursuant to this section (the "permit exhaustion
occurrence"). Upon the permit exhaustion occurrence, the City
shall immediately cease the processing of any pending
applications and the applicants therefor shall be notified in
writing by the City Clerk that the City Council has awarded
permits for the maximum number of authorized taxicabs, that all
further proceedings with regard to any pending applications are
terminated without prejudice to any future applications, and
shall return any application fees theretofore submitted with such
terminated applications. Following the permit exhaustion
occurrence, no further applications for operator's permits shall
be accepted, processed or approved until the application period
is reopened upon the occurrence of one of the events described in
subsection .030 above.
.050 Determination of Public Convenience and Necessity for
Additional Taxicabs. The City Council, at its sole and absolute
discretion, by motion duly adopted by the City Council, may at
any time, or from time to time, schedule and conduct a public
hearing and 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 so required. Said
resolution shall constitute the resolution referred to in
subsections .030 and .040 of this section. Any determination
that the public convenience and necessity require the operation
of additional taxicabs in the City shall be based upon the
following findings:
.0501 That the additional taxicabs will not
substantially impair the ability of the persons then currently
holding taxicab operator's permits from the City, under efficient
3
management, to earn a fair and reasonable return on their capital
investments devoted to such taxicab service;
.0502 That the persons then currently holding
taxicab operator's permits from the City, under normal
conditions, are not adequately serving the reasonable taxicab
needs in the City of Anaheim; and
.0503 That the additional taxicabs, together with
the taxicabs then currently operated by persons holding taxicab
operator's permits 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.
SECTION 3.
That Section 4.72.030 of Chapter 4.72 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"4.72.030 CONTENTS OF PERMIT APPLICATION.
This section shall be inoperative so long as any
provision of Chapter 4.73 of this Code requiring franchises for
taxicab operators is in effect notwithstanding any provision of
Section 4.73.210 to the contrary.
Within any open application period specified in Section
4.72. 025 of this Chapter, any person seeking an operator's permit
to operate taxicabs within the City, or any person holding an
operator's permit and seeking to increase the number of taxicabs
such person is authorized to operate in the City, may file a
written application therefor with the City Clerk of the City.
The application shall be accompanied by the appropriate filing
fee established by resolution of the City Council. The
application shall be completed and signed by the operator of the
proposed taxicab business, if the Operator is a sole
proprietorship; or by at least one general partner, if the
operator is a partnership; or by at least one officer or one
director, if the operator is a corporation; or by at least one
participant, if the operator is a joint venture. The application
does not authorize operation of a taxicab business unless and
until such operator's permit has been approved as provided in
Section 4.72.040 of this Chapter. The application shall be
deemed complete if it contains or is accompanied by the following
information:
rI
.010 The type of ownership of the business, i.e., whether by
individual, partnership, corporation or otherwise. If the
applicant is an individual, the application shall set forth the
name, age, and business and residence addresses of the applicant.
If the applicant is a corporation, the name of the corporation
shall be set forth exactly as shown in its articles of
incorporation or charter together with the state and date of
incorporation and the names and residence addresses of each of
its current officers and directors, and of each stockholder
holding more than five percent (5%) of the stock of that
corporation, such stockholders to be listed in descending order
based upon their percentage ownership interest in the
corporation. If the applicant is a partnership, the application
shall set forth the name and residence address of each of the
partners, including limited partners. If the applicant is a
limited partnership, it shall attach a copy of its certificate of
limited partnership filed with the Secretary of State to the
application. If one or more of the partners is a corporation,
the provisions of this subsection pertaining to corporations
shall apply. The applicant corporation or partnership shall
designate one of its officers or general partners to act as its
responsible managing officer. Such designated person shall
complete and sign all application forms required for an
individual applicant under this Chapter, but only one application
fee shall be charged. Such responsible managing officer must at
all times meet all of the requirements set forth in this section,
or the operator's permit shall be suspended until a responsible
managing officer who meets all such requirements is designated or
until the operator's permit is revoked pursuant to Section
4.72.060 of this Chapter.
.020 The precise name under which the taxicab business is to
be conducted.
.030 The complete address and all telephone numbers of the
taxicab business.
.040 A description of each vehicle which the applicant
proposes to use, including the make, model and year of the
vehicle, the engine and vehicle identification numbers and the
license plate number of the vehicle. For each such vehicle, the
application shall be accompanied by proof that the applicant has
obtained an OCTAP Permit for each such vehicle.
.050 A color illustration of the name, monogram or insignia
proposed to be used on each vehicle.
5
.060 A complete current list of the names and residence
addresses of all proposed taxicab drivers operating taxicabs on
behalf of the applicant, and the name and residence address of
the manager or managing employee proposed to be principally in
charge of the operation of the taxicab business. For each
proposed taxicab driver, the application shall be accompanied by
proof that each such driver has a valid OCTAP Permit authorizing
said driver to drive a taxicab.
.070 A copy of the applicant's OCTAP Permit to operate a
taxicab business.
.080 Such other additional information as may be required by
the City Council.
.090 A statement in writing and dated by the applicant that
he/she/it certifies under penalty of perjury that all information
contained in the application is true and correct.
.100 If, during the term of a permit, any of the information
submitted on the original application changes, the operator shall
notify the Permit Administrator of such change within ten (10 )
business days thereafter, in writing.
SECTION 4.
That Section 4.72.040 of Chapter 4.72 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"4.72.040 OPERATOR'S PERMIT ISSUANCE AND DENIAL; CONDITIONS OF
APPROVAL.
This section shall be inoperative so long as any
provision of Chapter 4.73 of this Code requiring franchises for
taxicab operators is in effect notwithstanding any provision of
Section 4. 73.210 to the contrary.
.010 Except as otherwise provided in Section 4.72.025 of
this Chapter, upon receipt of a timely filed written application
for an operator's permit, the City Council shall conduct a public
hearing at which oral and documentary evidence is received, and
approve, conditionally approve, or deny the application. The
City Council shall approve or conditionally approve such permit
only if all of the following findings are made:
.0101 The application is complete as provided in Section
4.72.030 of this Chapter.
Ce
.0102 The applicant, the applicant's proposed drivers
and the applicant's vehicles have all necessary valid, unrevoked
and unsuspended OCTAP Permits.
.0103 The number of taxicabs proposed to be operated in
the City by the applicant is sufficient in number to adequately
service the entire City.
.0104 The number of taxicabs proposed in the
application, or such lesser number thereof as the City Council
proposes to approve, when combined with the number of taxicabs
then currently approved for operation in the City, does not
exceed the maximum number of taxicabs authorized pursuant to
Section 4.72.025 of this Chapter.
.0105 The color of the vehicles to be used or the name,
monogram or insignia to be used upon the vehicles is not in
conflict with and does not imitate any other name, monogram or
insignia used by any other person authorized under this Chapter
to operate a taxicab business in the City, in such a manner as to
be misleading or tend to deceive the public.
.020 The City Council may specify conditions on the
issuance of the operator's permit that are reasonably necessary
to ensure compliance with this Chapter and other laws including,
without limitation, approving a lesser number of taxicabs than
requested in the application provided that in no event shall any
operator's permit be'approved which would authorize any operator
to operate less than thirty (30) taxicabs in the City.
SECTION 5.
4 That Section 4.72.080 of Chapter 4.72 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, repealed.
SECTION 6.
That Section 4.72.150 of Chapter 4.72 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"4.72.150 OPERATION REQUIREMENTS
No driver shall operate any taxicab, and no owner or
person holding an operator's permit shall permit operation of any
taxicab under its ownership or control, within the City except in
accordance with the following requirements:
7
.010 A driver shall carry a passenger to his or her
destination by the most direct feasible route unless otherwise
directed by the person paying the fare.
.020 Each taxicab 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 driver shall operate any taxicab, and no person
holding an operator's permit under this Chapter shall cause or
permit any driver to operate any taxicab under such person's
ownership or control, for more than twelve (12) consecutive
hours. No driver shall operate any taxicab, and no person
holding an operator's permit under this Chapter shall cause or
permit any driver to operate any taxicab under such person's
ownership or control, after such driver has been on duty, either
driving a taxicab in any office or garage of the permit holder,
or any combination of such acts, for more than twelve (12) hours
within any sixteen (16) consecutive hour period. No driver shall
operate any taxicab, and no person holding an operator's permit
under this Chapter shall cause or permit any driver to operate
any taxicab under such person's ownership or control, unless such
driver has had at least eight (8) consecutive hours of rest,
while not on duty, within the last preceding twenty-four (24)
hours, during which eight (8) consecutive hours he or she shall
have performed no acts or duties in connection with such taxicab
business."
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SECTION 6.
That Section 1.03.070 be, and the same is hereby, added to
Chapter 1.03 of Title 1 of the Anaheim Municipal Code to read as
follows:
"1.03.070 APPLICATION OF THIS CHAPTER.
The requirements of this Chapter shall not apply to any
franchise for which a different procedure is expressly
established by any other provision of this Code."
SECTION 7. 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 8. 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 prior 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 15th day of May ,
2001.
ATTEST:
CIT CLERIeOF THE CITY OF ANAHEIM
39861.2
9
MAYOR OF THE nTY OF P0
AHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIN OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5772 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 8th day of May, 2001, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 15th day of May, 2001, by the following vote of
the members thereof:
AYES:
NOES:
ABSENT:
(SEAL)
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, McCracken, Daly
Tait
None
CITY CLE OF THE CIN OF ANAHEIM
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Pr<xtfn'I'ublication of
SUNMAKV PUBu0A710N
C17Y OF ANAMNI
ORDINANCE NO. 5772
AN ORDINANCE 05 THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING VARIOUS SECTIONSCHAPTER
4.72 OF TITLE 4, AND ADDING SECTION 1.03 070 TO
CHAPTER 1.03 OF TITLE 1 OF THE ANAHEIM UNICIPAL
CODE RELATING TO TAXICABS
The ordinance amends the taxicab permit pro¢edures cur-
rently contained in Chapter 4.72 of the Anahei(n Municipal
Code to supplement and correspond to'roceldjpures for taxi-
cab franchises contained in Chapter 4.73 of t e Code.
Chapter 4.72 will be inoperative except to the xtent one or
more taxicab permits continue in existence or unless the
City is legally restrained from enforcing the provisions of
Chapter 4.73.
The ordinance cross-references the provisions, of Chapter
4.73 of the Code to make it clear that Chapter .72 is Ino r-
ative, except to the limited extent provided in hapter 4.73.
To the extent Chapter 4.72 remains or becom operative,
the ordinance:
(1) Provides that the Council has determined that the num-
ber of taxicabs currently needed for operation In the City is
230 and that permits have been previously issued to current 1
Iy authorize 282 taxtcaba.
(2) Provides that the application period for op;"additional
ator's per- !
mils is currently closed and the City shall notcept or pros
ess any applications, or issue any new operas permds,
unless and until the Council determines that tpublic con-
venience and necessity require the issuance
taxicab permits and the number of additional taxicabs so re-
quired. This ordinance also establishes criteria for such de-
terminations.
(3) Provides for the processing of permit appli tions in the
order such applications are received by the Ci Clerk, ex-
cept that all applications received on the first d�y of the
open application. period shall be processed in n order es-
tablished by a random drawing.
(4) Applications shall be processed until such ime as the
CCouncil had approved additional permits eque to the maxi-
mum number of taxicabs needed to serve the ttttyy as previ-
ously established by resolution. Proceedings fih regard to
any applications which remained pending at t rtime would
be terminated and the application fees would be returned to
such remaining applicants.
(5) Revises the findings required for the approval of any
new operator's permits.
(6) Repeals Section 4.72.80, which allows exislpng permit
holders to apply for addkionei permits at any ti
(7) Revises the operetional requirements for dr rs and op-
erator's permit holders to generally conform to the require-
ments set forth in Section 4.73.190.
(8) Amends Section 1.03.070, which sets forth eneral pro-
cedures for the processing of franchises, to prQgvlde that
such general procedures do not apply to francpises where
a different procedure is expressly set forth in the Anaheim
Municipal Code.
I, Sheryll Schroeder, City Clerk of the City of Aaheim, do
hereby certify that the foregoing is a summary�pf Ordinance
No. 5
772 which ordinance was Introduced at a (regular meet-
Main City Council of the City of Anaheim o i the 8th day
y, 2001 and was duly passed and adopted at a regular
meeting of said Council on the 15th day of May, 2001 by the
following roll call vote of the members thereof:
AYES: Mayor Daly, Council Members: Feldhaus, Kring,
McCracken
NOES: Council Member Tait
ABSENT: None
The above summary is a brief description of th subject mat
ter contained in the text of Ordinance No. 5772 which has
been prepared pursuant to Section 512 of the harter of the
City of Anaheim. This summary does not inclu a or de-
scribe every provision of the ordinance and sh Id not be
relied upon as a substitute for the full text of th ordinance.
To obtain a copy of the full text of the ordinance please con
Viet the Office of the City Clerk, (714) 7W -510.,l between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Published: Anaheim Bulletin
May 24, 2001 L.
25-707 4636346