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Home My WebLink AboutORD-26-97 Create Ch. 5.79 Adopt Ordinance for Regulation of TaxicabsORDINANCE NO. 26- 97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE CREATING CHAPTER 5.79 OF THE ORANGE MUNICIPAL CODE ADOPTING THE ORANGE COUNTYTA,XI ADMINISTRATION PROGRAM MODEL ORDINANCE FOR REGULA-TION OF TAXICABS.WHEREAS, Government Code Section 53075.5 requires the City to adopt an ordinance or resolution in regard to taxicab transportation service within the City,including regulation of employment of taxicab drivers, establishment or registration of rates for taxicab transportation service, and a drug and alcohol testing program; and WHEREAS, the City of Orange has entered into an inter-agency agreement with the Orange County Transportation Authority in which the City agreed to participate in the Orange County Taxi Administration Program (OCTAP) and the Orange County Transportation Authority agreed to provide the staff and administrative services necessary to implement the program; and WHEREAS, the City of Orange City Council desires to adoptthe OCT AP model ordinance regulating taxicabs.NOW, THEREFORE, the City Council of the City of Orange does ordain as follows: SECTION I:The Orange Municipal Code is hereby amended by the addition of a new Chapter 5.79 to :read as follows:CHAPTER 5.79 ORANGE COUNTY TAXI ADMINISTRATION PROGRAM MODEL ORDINANCE FOR REGULATION OF TAXICABS Sections:5. 79.010 5. 79.020 5. 79. 030 Definitions City Authorization Required Driver's 5.79.040 5.79.050 5.79.060 5.79.070 5.79.080 5.79.090 5.79.100 5.79.110 5.79.120 5.79.130 5.79.140 5.79.150 5.79.01.0 Definitions Taxicab Vehicle Permit Required Taxicab Business Permit Required Application for Permits Testing for Controlled Substances and Alcohol Insurance Required N ontransferability Equipment Mechanical Condition Operational Requirements Rates and Charges Separate from Business Licensing Penalty For the purpose of this Ordinance, the words and phrases herein defined shall be constmed in accordance with the following definitions. A. "City" means the City of Orange. B. "City Authorization" means City authorization to operate a taxicab business in the City. C. "Driver" means a person who drives or controls the movements of a taxicab. D. "Driver's Permit" means a valid pennit issued by OCT AP authorizing a person to drive or control the movements of a taxicab. E. "OCT AP" means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority. F. "Operate a Taxicab" means to drive a taxicab and either solicit or pick up passengers for hire in the City. G. "Owner" means the registered owner or lessor of a taxicab. H. "Person" includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. I. "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 ternl shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any state agency, including the Public Utilities Ord. No. 26-97 J. Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. Taxicab Business Permit" means a valid permit issued by OCT AP authorizing a person to operate a taxicab business. K. " Taxicab Vehicle Permit" means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab.5. 79.020 City Authorization Required A. A person shall only operate a taxicab if the owner of that taxicab IS authorized by the City to operate a taxicab business in the City.B. An owner shall only allow a taxicab owned by the owner to be operated if the owner is authorized by the City to operate a taxicab business in the City.C. The procedures for City authorization to operate a taxicab business in the City shall be established by separate Resolution or Ordinance of the City Council. 5. 79.030 Driver's Permit Required A person shall only operate a taxicab if that person possesses a Driver's Permit and if City authorization has been obtained. An owner shall only allow a driver to operate a taxicab owned by the owner if that driver possesses a Driver's Permit and if City authorization has been obtained.5. 79.040 Taxicab Vehicle Permit Required A person shall only operate a taxicab if that vehicle displays a Taxicab Vehicle Permit and if City authorization has been obtained. An owner shall only allow a taxicab owned by the owner to be operated in the City if that vehicle displays a Taxicab Vehicle Permit and if City authorization has been obtained.5. 79.050 Taxicab Business Permit Required A person shall only operate a taxicab business in the City if that person possesses a Taxicab Business Permit and if City authorization has been obtained.5. 79.060 Application for Permits 3 OId. No. 26-97 Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business Permit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by the Orange County Transportation AuthOlity. 5.79.070 Testing for Controlled Substances and Alcohol A driver shall test negative for controlled substances and alcohol as required by applicable state statutes. 5.79.080 Insurance Required A driver operating a taxicab in the City shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by OCT AP and adopted by separate resolution of the City Council. Said proof of insurance must dearly identify the vehicle covered. 5.79.090 Nontransferability No permit issued under this Ordinance shall be assigned to, or used by, any person or vehicle other than the person or vehicle named in such permit. 5.79.100 Equipment A taxicab operated under the authority of this Ordinance shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the City Council. 5.79.110 Mechanical Condition A taxicab operated under the authority of this Ordinance shall be maintained according to the standards established by OCT AP and adopted by separate resolution of the City Council. 5.79. I 20 Operational Requirements A. A driver shall only carry a passenger to his/her destination by the most direct and accessible route. OId. No. 26-97 B. A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCT AP and adopted by separate resolution of the City Council. C. 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 OCT AP and adopted by separate resolution of the City Council: I) A schedule of rates and charges for the hire of said taxicab; 2) The driver's name and address; 3) The owner's name, address and telephone number; 4) The taxicab identification number; 5) The Driver's Permit issued pursuant to this Ordinance; 6) The Taxicab Vehicle Permit issued pursuant to this Ordinance; and 7) Any other information required by the City. D. A driver shall give a receipt for the amount charged upon the request of the person paying the fare. E. A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition. F. A driver shall not leave his taxicab to solicit passengers. G. The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by OCT AP and adopted by separate resolution of the City Council. 5.79.130 Rates and Charges No driver shall charge rates and charges other than those established by OCTAP and adopted by separate resolution of the City Council. 5.79.140 Separate from Business Licensing 5 Ord. No. 26- The requirements of this Ordinance are separate and independent from the business licensing and any other provisions under the City Code. 5.79.150 Penalty The City intends to secure compliance with the provisions of this Ordinance by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each day a violation exists constitutes a separate offense. Notwithstanding any other provision of this Ordinance, each violation of the provisions of this Ordinance may be enforced alternatively as follows: A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the City by separate resolution. Any person convicted of an infraction under the provisions of this Ordinance shall be punished either by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Mnnicipal Courts, or, where no fine is specified therein, by: I) A fine not exceeding one hundred dollars ($100.00) for a first violation; 2) A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; 3) A fine not exceeding five hundred dollars ($500.00) for each additional violation within one vear. B. Misdemeanor.Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the City by separate resolution. Any person convicted of a misdemeanor under the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Ord. No. 26-97 6 C. Civil Action. The City Attorney by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Ordinance, as provided by law. D. Administrative Hearing. 1) Upon a finding by the city official vested with the authority to enforce the various provisions of this Ordinance that a violation exists, he/she may notify the person(s) deemed responsible for said violation(s) that a public hearing shall be held before the City Council to hear and deternline the existence of said violation(s) and the anticipated compliance necessary, i.e. abatement or other action required. 2) Said notification shall be in wntmg setting forth the alleged violation(s) and the anticipated action sought, and shall be given not later than ten days prior to the scheduled date of the hearing. 3) The City Council may preside over the hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. 4) The City Council shall render its decision within forty-five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty-five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final and enforceable as provided by law. SECTlION II:This Ordinance is intended to supersede eXlstmg provIsIOns of the Orange Municipal Code to the extent those existing provisions are inconsistent. SECTlION III:Severability. If any section, subdivision, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall 7 Ord. not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that anyone (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION IV: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the Ci~y of Orange. The City Clerk shall post in the Office of the City Clerk, a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 25th day of November, 1997. j'I ..<(' I 1"1 If fl_--...:.-'<'.... C<~;<:? VI ?lV1:wor ofthe City of Orange i 1 ATTEST: City Clerk oft Ity of Orange STATE OF CALIFORNIA)COUNTY OF ORANGE )CITY OF ORANGE )I, CASSANDRA 1. CATHCART, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was intTOduced at the regular meeting of the City Council held on the 28th day of October, 1997, and thereafter at the regular meeting OId. No. 26-97 8 meeting of said City Council duly held on the _25th day of November duly passed and adopted by the following vote, to wit: 1997, was AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE r1r~~4Z~~ GX;M-~7f:-City Clerk ofth .Ity of Orange 9 Ord. No.. 26-97