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.
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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
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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.
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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:
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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
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