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5627ORDINANCE NO. 5627 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 4.72 OF, AND ADDING NEW CHAPTER 4.72 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REGULATION OF TAXICABS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Chapter 4.72 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 2. That new Chapter 4.72 be, and the same is hereby, added to Title 4 of the Anaheim Municipal Code to read as follows: NWM"lleft'l YN "4.72.010 DEFINITIONS. Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this Section all govern the construction, meaning, and application of words and phrases used in this Chapter. .010 "City" means the City of Anaheim. .020 "City authorization" means City authorization to operate a taxicab business in the City. .030 "Driver" means a person who drives or controls the movements of a taxicab. .040 "OCTAP" means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority. .050 "OCTAP Permit" means and includes the permit issued by OCTAP to operate a taxicab business, to drive a taxicab or to use a particular vehicle as a taxicab. .060 "Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers for hire in the City. .070 "Operator" means the person whose name appears on the operator's Permit issued pursuant to the provisions of this Chapter and who is responsible for the day to day operations of the taxicab business. .080 "Owner" means the registered owner or lessor of a taxicab. .090 "Permit" means and includes the permit required pursuant to the provisions of the Chapter to operate a taxicab business. .100 "Person" includes natural person, firm, association, organization, partnership, business, trust corporation, or public entity. .110 "Taxicab" means a vehicle operated within the jurisdiction of the city, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any state agency, including the Public Utilities Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. 4.72.020 OPERATOR'S PERMIT REQUIRED No person shall operate a taxicab business within the City without first obtaining 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 required by this Code. 4.72.030 APPLICATION FOR OPERATOR'S PERMIT Any person desiring an operator's permit for a taxicab business shall file a written application therefor with the City Council. 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 a sole proprietorship; one general partner, if the operator is a partnership; one officer or one director, if the operator is a corporation; and one participant, if the operator is a joint venture. The application for permit does not authorize operation of a taxicab business unless and until such 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: .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 (50) 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. If no such person is named within ninety (90) days, the operator's permit shall be deemed cancelled and a new application for an operator's permit must be filed. .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. .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 Evidence that the public convenience and necessity require the operation of applicant's taxicab business in the City. .090 Such other additional information as may be required by the City Council. 3 .100 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. .110 If, during the term of a permit, any of the information submitted on the original application changes, the operator shall notify the City Council of such change within ten (10) business days thereafter, in writing. 4.72.040 OPERATOR'S PERMIT ISSUANCE AND DENIAL; CONDITIONS OF APPROVAL .010 Upon receipt of a written application for an operator's permit, the City Council shall conduct an investigation to ascertain whether such permit should be issued as requested. The City Council shall, within sixty (60) days of receipt of an application, conduct a hearing at which oral and documentary evidence is received, and approve, conditionally approve, or deny the application. The sixty (60) day period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation and hearing. The City Council shall issue such permit if the following findings are made: .0101 The applicant, the applicant's proposed drivers and the applicant's vehicles have all necessary valid, unrevoked and unsuspended OCTAP Permits. .0102 The public convenience and necessity require the operation of applicant's taxicab business in the City, and the applicant has a sufficient number of vehicles to adequately service the entire City. .0103 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. 4.72.050 TRANSFER OF PERMITS. No permit issued hereunder shall be assigned to, used by or transferred to any other person. 4.72.060 REVOCATION OF PERMITS. The City Council may revoke any permit granted pursuant to this Chapter on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this Chapter. .010 When the City Council concludes that grounds may exist for revocation of a permit, it shall fix a time and place for the hearing on the issue of the revocation of such permit and direct the City N Clerk to serve the permit holder with notice of such time and place of the hearing, together with a statement of the charges which form the basis for the proposed revocation. The City Clerk shall serve the permit holder with the notice by certified mail, return receipt requested, addressed to the business address of the permit holder no less than ten (10) days before the time fixed for the hearing. .020 The City Council may preside over the hearing, or in the alternative, the City Council may, pursuant to Section 1.12.110, appoint a hearing officer to conduct the hearing, receive relevant evidence and submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within thirty (30) days from the date of the revocation hearing or, in the event that a hearing officer has been appointed, the hearing officer shall submit his/her findings and recommendations to the City Council within thirty (30) days from the date of the revocation hearing, and the City Council shall render its decision within fifteen (15) days from the date on which the City Council receives the decision of the hearing officer. The decision of the City Council shall be final. .030 In the event that the permit of any person is revoked by the City Council, such person shall not be granted a permit to operate a taxicab business for a period of six (6) months after such revocation. 4.72.070 RATES AND CHARGES. No driver shall charge rates and charges other than those established by resolution of the City Council. 4.72.080 ADDITIONAL VEHICLES. 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. 4.72.090 REPLACEMENT OF VEHICLES. Any permit holder shall be entitled to replace any taxicab vehicle used in connection with the taxicab business provided that the permit holder notifies the City's Code Enforcement Division of the change in vehicle(s) and provides proof that the replacement vehicle(s) have been issued permits by OCTAP. 5 4.72.100 DRIVER'S PERMIT. No person shall drive a taxicab in the City or allow any person to drive a taxicab in the City unless such driver has a valid, unrevoked and unsuspended driver's permit issued by OCTAP. 4.72.110 TESTING FOR CONTROLLED SUBSTANCES AND ALCOHOL. Each driver shall test negative for controlled substances and alcohol as required by applicable state statutes. 4.72.120 INSURANCE REQUIRED. A driver operating a taxicab in the City shall carry with him/her at all times proof of insurance covering the vehicle, with such policy limits and coverage as established by OCTAP and adopted by separate resolution of the City Council. Said proof of insurance must clearly identify the vehicle covered. 4.72.130 TAXICAB EQUIPMENT. A taxicab operated under a permit issued pursuant to this Chapter shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the City Council. 4.72.140 MECHANICAL CONDITION OF TAXICAB. A taxicab operated under a permit issued pursuant to this Chapter shall be maintained according to the standards established by OCTAP and adopted by separate resolution of the City Council. 4.72.150 OPERATION REQUIREMENTS .010 A taxicab driver shall only carry a passenger to his/her destination by the most direct and accessible route, unless otherwise expressly directed by the person paying the fare. .020 A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by separate resolution of the City Council. .030 A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and adopted by separate resolution of the City Council: .0301 A schedule of rates and charges for the hire of said taxicab. .0302 The driver's name and address. .0303 The owner's name, address and telephone number. .0304 The taxicab identification number. .0305 The permit issued pursuant to this Chapter. 0306 Any other information required by the City. 2 .040 A driver shall give a receipt for the amount charged upon the request of the person paying the fare. .050 A taxicab shall only be operated if the passenger compartment in kept in a clean and sanitary condition. .060 A driver shall not leave his taxicab to solicit passengers. .070 The name or trade name of the owner and the taxicab identification number shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP and adopted by separate resolution of the City Council. .080 It shall be unlawful for any person to drive or operate any taxicab or to cause any person to drive or operate any taxicab within the City of Anaheim, for more than twelve (12) consecutive hours, or to operate or drive or cause any person to operate or drive any taxicab within the City of Anaheim after having been on duty, either operating or driving a taxicab or 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 person shall drive or operate any taxicab or cause any person to drive or operate any taxicab within the City of Anaheim unless such driver has had at least eight (8) consecutive hours' 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. 4.72.170 EXISTING PERMITTEES .010 Commencing on the effective date of this Chapter, all taxicab operator's permits are to be issued in accordance with the provisions of this Chapter. .020 Existing taxicab operator's permits shall continue in effect, provided, however, that holders of such permits shall have six (6) months from the effective date of this Chapter in which to obtain all necessary OCTAP permits required by this Chapter. 4.72.180 VIOLATION AND PENALTY .010 Violations of this Chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.01.370. .020 Any taxicab business or taxicab operated, conducted or maintained contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such 7 taxicab business or taxicab and restrain and enjoin any person from operating, conducting or maintaining a taxicab business or taxicab contrary to the provisions of this Chapter." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the 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 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal 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. SECTION 5. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation 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, firm or corporation, 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 10th day of F uary 1998 . MAYOR tFP THE CITY OF A01HEIM ATTEST: CI Y CLERK OF THE CITY OF ANAHEIM 0025057.01 X STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5627 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 3rd day of February, 1998, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of February, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5627 on the 10th day of February, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of February, 1998. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5627 and was published once in the North County News on the 19th day of February, 1998. CITY CLERK OF THE CITY OF ANAHEIM