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6456 ORDINANCE NO. 6 4 5 6 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 4.73 (TAXICAB FRANCHISES) PURSUANT TO ASSEMBPLY BILL NOS. 939 AND 1069 AND FINDING AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15060(C)(2), 15060(C)(3) AND 15061(B)(3) OF THE STATE CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT BECAUSE THERE IS NO POSSIBILITY THAT IT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND BECAUSE IT IS NOT A PROJECT AS DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim (the "Charter") establishes procedures for the award of franchises by the City; provides that any person, firm or corporation furnishing the City or its inhabitants with transportation may be required by ordinance to have a franchise therefor; and further provides that the City Council is empowered to grant such franchises and to establish additional procedures and terms and conditions of such grants; and WHEREAS the City Council has heretofore adopted Section 1.02.010 requiring any person, firm or corporation furnishing the City or its inhabitants with transportation to have a valid and existing franchise therefor; and WHEREAS, the City Council has heretofore adopted Ordinance No. 5765 adding Chapter 4.73 of the Anaheim Municipal Code establishing additional procedures for the granting of franchises for taxicab service in the City of Anaheim and establishing additional terms and conditions of such grants; and WHEREAS, the City of Anaheim has entered into an interagency agreement with the Orange County Transportation Authority ("OCTA") in which the City agreed to participate in the Orange County Taxi Administrative Program ("OCTAP") and the OCTA agreed to provide the staff and administrative services necessary to implement the program (the "OCTAP Agreement"); and WHEREAS, the goal of the OCTAP is to increase public safety, reduce administrative costs, and expand the provision of private transportation service in Orange County; and WHEREAS, pursuant to the OCTAP Agreement, OCTAP provides all the services necessary for the City to comply with State law including but not limited to Government Code Section 53075.5 regarding the regulation of taxicab transportation services within the City; and WHEREAS, the State Legislature recently passed Assembly Bills 1069 and 939, which limits the City's ability to regulate taxicab operations to those taxicab companies that are substantially located within the City; and WHEREAS, the City Council desires to amend the Anaheim Municipal Code consistent with State law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.73 (Taxicab Franchises) of Title 4 (Business Regulation) is hereby amended to read: Chapter 4.73 TAXICAB FRANCHISES Section: 4.73.010 Definitions. 4.73.020 Taxicab franchises—Purpose and declarations. 4.73.030 Activities which are unlawful unless authorized—Activities not covered. 4.73.040 Nonexclusive franchise—Terms and conditions. 4.73.045 Number of taxicabs franchised. 4.73.050 Application for franchise. 4.73.060 Public hearing. 4.73.070 Criteria for granting nonexclusive franchise. 4.73.080 . Requirements for franchise. 4.73.090 Indemnification of the City. 4.73.100 Termination of nonexclusive franchise by the City Council. 4.73.110 Temporary suspension of franchise. 4.73.120 Non-alienation of franchise. 4.73.130 Franchise fee. 4.73.140 City inspection authority. 4.73.150 Taxicab franchise decals required. 4.73.160 Powers reserved to the City. 4.73.170 Violation—Penalty. 4.73.180 Liability insurance. 4.73.190 Requirements for operation of franchised taxicabs. 4.73.200 Term of nonexclusive franchise; annual review. 4.73.210 Effect of Chapter 4.73 upon Chapter 4.72 and operator's permits previously issued thereunder. 2 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 entity granted a franchise by the City pursuant to this chapter. .060 "OCTAP" 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 "Substantially Located" means in reference to a city or county where either (i) a Taxicab Company maintains its primary business address; or(ii)the largest share of prearranged and non- prearranged trips originates, as defined in Government Code section 53075.5. For Taxicab Companies establishing a new operation after January 1, 2019, "Substantially Located" means the jurisdiction where a Taxicab Company has its primary business address for the first twelve (12) months of operation. A Taxicab Company or driver may be substantially located in more than one jurisdiction. .100 "Taxicab" means a motor vehicle operated for 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. (Ord. 5765 § 1; April 24, 2001.) .110 "Taxicab Company" means a passenger-for-hire business either based in Anaheim or elsewhere whose business activity includes operating a Taxicab. 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, 3 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. .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. 4.73.030 ACTIVITIES WHICH ARE UNLAWFUL UNLESS AUTHORIZED—ACTIVITIES NOT COVERED. Except as may otherwise be permitted in this chapter, it is unlawful for any Taxicab Company or Driver that is Substantially Located in the city 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 Cal. Vehicle Code § 5011.5 available to members of the public by any person or vehicles designed to transport more than eight(8) 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. 4 .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. .050 Beginning January 1, 2018, all Taxicab Companies and Drivers shall collect data to determine what jurisdiction each Company and Driver are Substantially Located. Beginning January 1, 2019, data for prearranged and non-prearranged trips collected in the previous twelve (12) months shall be provided upon the date of renewal to the City of any Taxicab Company and Driver that is Substantially Located in the City. .060 Any Taxicab Company or Driver who changes from being Substantially Located in another jurisdiction to being Substantially Located in Anaheim shall provide the City with six months' notice prior to making that change. 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 (3) franchises for the operation of two hundred thirty (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 5 "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 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. 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; 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 awarded pursuant to such application. Any 6 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 Proof that the applicant is Substantially Located in the City. .060 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 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. 7 .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 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) days 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. 8 .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, 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 9 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 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 (3) 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 written notice of the Director. By mutual agreement, the time limitations provided in Section 4.73.100 may be modified to avoid unnecessary hardship. 10 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. 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. 11 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 (2) 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 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. .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 subject to a fine of at least one hundred dollars ($100) and no more than one thousand dollars ($1,000) and the administrative procedure provided in Chapter 1.20 (Civil Citations) of this Code. 12 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. (Ord. 5765 § 1; April 24, 2001.) 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 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 (12) consecutive hours nor shall any driver operate a franchised cab without having had, immediately preceding such twelve (12) hours of operation, no less than eight (8) consecutive hours time off within the previous sixteen (16)hours during which no taxicab was operated by such driver. 13 .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; ANNUAL REVIEW. .010 The term of any franchise granted under the provisions of this chapter shall be for up to ten (10) years, the exact term of which shall be determined by the City Council in its sole discretion. .020 No less than thirty (30) days prior to the anniversary date of the adoption of the ordinance approving said franchise, the franchise shall be required to demonstrate to the satisfaction of the City Council, good faith compliance with the terms and conditions of the franchise. If, as a result of such annual review, the City Council finds and determines that the franchisee has not complied in good faith with the terms and conditions of the franchise,the City Council may initiate proceedings to terminate or suspend the franchise pursuant to Section 4.73.100. The Director shall establish procedures for the annual review required by this section. 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 shall be inoperative as of the date and time this chapter becomes effective and shall remain inoperative so long as the provisions of this chapter are in effect, except as otherwise expressly provided in this section. .020 Upon the effective date of any franchise granted pursuant to this chapter, any operator's permit theretofore issued to said franchisee pursuant to Chapter 4.72 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 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 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 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 any provision of this chapter, any operator's permit theretofore issued to said franchisee pursuant to Chapter 4.72, which permit was in effect on the date the ordinance approving said franchise was adopted, shall remain in 14 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, 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 to the contrary, any person or entity holding a valid operator's permit issued pursuant to Chapter 4.72 which permit is in effect on the date of adoption of this chapter (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 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, paragraph, sentence, phrase or word of this ordinance be declared for any reason to be invalid or unenforceable by the final judgment of any court of competent jurisdiction, 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. 15 SECTION 3 SAVINGS CLAUSE. The adoption of this ordinance shall not 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 was introduced at a regular meeting of the City Council of the City of Anaheim held on the 18th day of December 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the 15 day of January , 2019, by the following roll call vote: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel and O'Neil NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM OR I THE •F ANAHEIM ATTEST: CCITY CLERK OF HE CITY OF ANAHEIM Acting Otyamic 130308v1 16 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6456 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of December, 2018, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of January, 2019, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno Faessel, and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 31st of January, 2019 TING CI CLERK OF THE CITY OF ANAHEIM (SEAL) The Orange County Register 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 6116-1614.1 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 FILE NO. Ord 6456 AFFIDAVIT OF PUBLICATION _- - —STATE OF—CALIFORNI- 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 Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, 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: 01124/2019 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 Anaheim, Orange County, California, on Date: January 24, 2019. /%ZW V.-Aw Signature r.LP1-12/15/16 PROOF OF PUBLICATION Legal No. 0011225918 SUMMARY PUBLICATION -- , CITY OF ANAHEIM ) ORDINANCE NO.6456 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING. ' CHAPTER 4.73 SEMBLYBILL(NOS.1939 BANFRANCHISES)069 ANFINDING AND DE- TERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO" THE CALIFORNIA. ENVIRONMENTAL QUALITY ACT AND 15061(B)(3) OF THE STATE CEQAOGUIDELINESCBE CAUSE IT WILL NOT RESULT IN A DIRECT OR REASONA- BLY FORESEEABLE INDIRECT PHYSICAL.CHANGE°IN:.; THE ENVIRONMENT BECAUSE THERE IS NO POSSIBILITY THAT ITMAY HAVE ASIGNIFICANT EFFECT ON THE ENVI- RONMENT AND BECAUSE. IT IS NOT A, PROJECT AS DE -„F FINED, IN SECTION 15378 OF THE CEQA GUIDELINES .. jThis ordinance amends Chapters 4.73 (Taxicab Franchises) to cont (form with the State laws regulating taxicabs in the City of Anaheim.) This ordinance amends provisions of the Anaheim Municipal Code to, ensure that the City's regulations are applicable to taxicabs that are "substantially 'located in the City of Anaheim and to specify that: franchisees will be required to capture -trip data and maintain their) status of being "substantially located” in the Anaheim. I, Linda N. Andal, City Clerk of .the City of,Anahelm, do hereby certi- fy that theJormofng_is:azuminar-y-oWrdinance- 6456,7-which-ordi nonce was introduced at a regular meeting of the City Council ofthe City of Anaheim on the 18th day of December,'2018 and was duly Passed and adopted at a regular meeting of said Council on the 15th day of January, 2019 by the following roll call vote of the members thereof: I AYES: " Mayor Sidhu and Council' Members Kring,, Barnes, BrandmanrMoreno, Foessel and O'Neil NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subject matter con- tained in the text of Ordinance'No. 6456; which has been prepared .pur- suant to Section 512 of the Charter of the City of Anaheim. This sum= maty does not include or describe every provision of the ordinance and should not be -relied on as a substitute for.the full text of the ordi- nonce: = To obtain a copy of the full text of the ordinance, please contact then Office of the City Clerk, (714) ,765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Published: The Orange County Register January 24, 2019 11225918 , CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6456 and was published in The Orange County Register on the 249' day of January, 2019, pursuant to Section 512 of the City Charter of the City of Anaheim. ITY CLERK OF THE ITY OF ANAHEIM (SEAL)