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5723ORDINANCE NO. 5723 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 4.72 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TEMPORARY TAXICAB PERMITS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 4.72.010 of Chapter 4.72 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended by the addition of new subsection .095 thereto, to read as follows: ".095 `Permit Administrator' means the Code Enforcement Manager of the City of Anaheim." SECTION 2. 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 PERMIT REQUIRED. .010 It shall be unlawful for any person to operate a taxicab business within the City without first obtaining and maintaining in full force and effect an operator's permit pursuant to Sections 4.72.030 and 4.72.040 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 It shall be unlawful for any person to operate a taxicab in the City without first obtaining and maintaining in full force and effect all permits, certificates and other entitlements required by this Code or any other provision of law for the operation of such taxicab including, without limitation, the permit required pursuant to Sections 4.72.030 and 4.72.040 and, if applicable, the certificate required by Section 4.72.085 of this chapter. 1 SECTION 3. That Section 4.72.080 of Chapter 4.72 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 114.72.080 ADDITIONAL VEHICLES. Except for any vehicles temporarily authorized pursuant to Section 4.72.085 of this Code, any permit holder desiring to increase the number of taxicabs specified in his/her/its permit shall apply to the City Council for an amendment to the taxicab permit to allow such increase. Such application shall be accompanied by the appropriate filing fee established by resolution of the City Council and a description of the vehicle(s) to be added, including the make, model and year of the vehicle(s), the engine and vehicle identification numbers and the license plate number of the vehicle(s). The City Council shall grant the amendment to increase the number of taxicabs if it makes the following findings: .010 The additional vehicle(s) are necessary in order for the permit holder to adequately service the entire City. .020 The permit holder has obtained an OCTAP Permit for each proposed additional vehicle." SECTION 4. That Section 4.72.085 be, and the same is hereby, added to Chapter 4.72 of Title 4 of the Anaheim Municipal Code to read as follows: 114.72.085 TEMPORARY INCREASE IN NUMBER OF TAXICABS. .010 Notwithstanding any other provision of this chapter to the contrary, the holder of an existing Operator's Permit issued pursuant to this chapter may apply to the Permit Administrator for a temporary increase in the number of taxicabs authorized pursuant to such person's existing Operator's Permit upon a form provided by the Permit Administrator. Any such application shall be accompanied by a fee in an amount as established by resolution of the City Council. The application shall require the following information: 0101 The name and business address of the Operator. .0102 The number of vehicles currently authorized by the applicant's existing Operator's Permit. .0103 A description of the event or activity creating a temporary need for additional taxicabs in the City of Anaheim. .0104 The number of additional vehicle which the applicant proposes to temporarily operate in the City of Anaheim pursuant to this section. .0105 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. .0106 A complete current list of the names and residence addresses of all proposed taxicab drivers operating taxicabs on behalf of the applicant pursuant to this section. 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. .0107 The number of days (not to exceed ten) and specific dates for which such additional taxicabs are requested. .0108 The reason(s) the total number of taxicabs authorized by the City of Anaheim pursuant to all existing Operators' Permits is inadequate to serve the public need during the period for which the additional taxicabs are being requested. .0109 Any other information as required by the Permit Administrator in order to make the findings specified in subsection .030 of this section. .020 Upon receipt of an application containing the information specified in subsection .010 above and the required application fee, the Permit Administrator shall notify the applicant and all other persons holding 3 Operator's Permits under this chapter of the date, time and place when and where the Permit Administrator shall consider any objections to the approval of such application. Such date shall be not less than five (5) nor more than ten (10) calendar days following receipt of the completed application and fee. The applicant and/or any other Operator may appear in person at such time and place as set forth in the notice or may submit written information supporting or opposing such application. Any written information submitted shall only be considered if it is actually received by the Permit Administrator prior to the time specified in the notice given pursuant to this subsection. .030 Within five (5) calendar days following the date specified in the notice given pursuant to subsection .020 above, the Permit Administrator shall consider such information and either approve or deny the application and give notice of such decision in writing to the applicant and all other persons holding Operator's Permits in the City. The Permit Administrator shall approve the application only if he or she finds: .0301 That the applicant holds a valid and unrevoked Operator's Permit issued by the City of Anaheim; .0302 That the applicant is currently exercising said Operator's Permit in compliance with the requirements of Chapter 4.72 of the Anaheim Municipal Code; .0303 That an event or other activity will occur within the City of Anaheim which will create a temporary public need for additional taxicab service which cannot adequately be met by the number of taxicabs currently authorized by the City pursuant to all existing Operator's Permits; .0304 The total number of additional taxicabs temporarily needed, and the dates such additional taxicabs will be needed, to adequately serve the public; and .0305 That the applicant has or will have taxicabs available to meet all or a portion of additional number of taxicabs temporarily required by such event or activity and that such taxicabs comply with all applicable requirements of this chapter. 0 In the event the Permit Administrator fails to make all of the findings specified in this subsection, the application shall be denied. The applicant and each other person holding an Operator's Permit shall receive written notification of the Permit Administrator's decision. The decision of the Permit Administrator shall be final and conclusive. .040 In the event the Permit Administrator makes the findings set forth in subsection .030 above, he or she shall approve the application, in whole or part, and shall issue a certificate to the applicant temporarily increasing the number of taxicabs authorized pursuant to the applicant's existing Operator's Permit. Such certificate shall specify: .0401 The number of additional taxicabs temporarily authorized under such certificate; provided that the number of additional taxicabs approved pursuant to any such application shall not exceed the total number of taxicabs which the Permit Administrator finds to be necessary to temporarily meet the public need for such dates; and further provided that, if prior to the approval of any such application (the "First Application"), any other person holding an existing Operator's Permit files an application for temporary taxicabs pursuant to this section (the "Second Application") for some or all of the same dates (the "conflicting dates") as requested in the First Application, the maximum number of taxicabs temporarily approved for any Operator for such conflicting dates shall not exceed a number equal to the total number of taxicabs determined by the Permit Administrator to be needed for such dates multiplied by a fraction, the numerator of which fraction is the number of taxicabs currently approved for such Operator as specified in the Operator's Permit and the denominator of which fraction is the total number of taxicabs currently approved under all Operator's Permits. .0402 The specific dates (not exceeding a total of ten days) for which the additional taxicabs are authorized; and .0403 Any conditions of approval which the Permit Administrator determines are reasonably necessary to assure compliance by the Operator with the requirements of this chapter. W .050 Not more than ten certificates, for a cumulative total of not more than 40 calendar dates, shall be approved for any Operator for any calendar year. .060 Any taxicab approved pursuant to this section must have and display an OCTAP Permit and otherwise comply with all applicable requirements of this chapter. .070 Any taxicab approved pursuant to this section shall bear the same distinctive name, monogram, insignia, markings and colors as all of the other taxicabs operated by the Operator pursuant to the Operator's Permit. .080 Upon approval of any certificate pursuant to this section, the Permit Administrator shall issue to the Operator a distinctive decal, placard or other identification device for each additional taxicab approved under this section. The Operator shall display such decal, placard, or other device upon each such temporary taxicab in the manner as specified by the Permit Administrator at all times such taxicab is operating in the City of Anaheim." SECTION 5. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid or unenforceable, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid or unenforceable. SECTION 6. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal 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, fee 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. M SECTION 7. PENALTY It shall be unlawful for any person, corporation or entity to violate any provision of this ordinance or to fail to comply with any of the requirements hereof. Any person, corporation or entity violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, corporation or entity shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, corporation or entity, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 28th day of March 2000. MAYOR OF TTIE CITY OFOANAHEIM ATTEST: �!_d!u e !moi CITY CLE9K OF THE CITY OF ANAHEIM 34234.2 7 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. 5723 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of March, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of March, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5723 on the 28th day of March, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of March, 2000. C� 2e . e,„<. . CITY CLERK OF CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5723 and was published once in the North County News on the 6th day of April, 2000. (�.Ct.+a l2 Acl �v� CITY CLE�OF THE CITY OF ANAHEIM __.__--� ' - .. I._.-_—_ __ _—