HomeMy WebLinkAboutORD-13-96 Amend Ch. 5.78 Regulation of Vehicles for HireORDINANCE NO. 13-
96 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE AMENDING CHAPTER 5.
78 OF THE ORANGE MUNICIPAL CODE
RELATING TO THE REGULATION OF VEHICLES FOR
HIRE WHEREAS, State law requires the City of Orange to adopt an ordinance
to include specific provisions relating to the regulating of taxi services, including,
among other things, a mandatory drug testing
program.NOW, THEREFORE, the City Council of the City of Orange does ordain
as
follows:SECTION
I:Section 5.78.010 of the Orange Municipal Code shall be amended to add
the following under the "DefInitions"
section:G. TAXI shall include any vehicle for hire which is designed to carry not
more than eight persons, excluding the
driver.D. VEHICLE FOR HIRE includes chartered bus, limousine,
taxicab,convalescent transport vehicle, and every motor vehicle in the business of
carrying passe:ngers for hire, the destination and route of which are under the control
of passe:ngers being carried therein. Vehicle for hire does not include ambulance
or convalescence transport vehicle as defmed and regulated under Chapter 5.
35."SECTION
II:Section 5.78.270 shall be added to the Orange Municipal Code to read as
follows:5.78.270 Soecial Provisions Relating to Taxi
Service.A. No person shall operate a taxi or apply for a permit to operate a taxi
unless such person is employed as a taxi driver within the City or has been given an offer
of such employment and has complied with all other applicable provisions of this
Chapter.B. Any taxi driver permit issued under this Chapter shall become void
upon termination of employment with the employer shown on the
C. The employer of a taxi driver permitted to operate a taxi within the City shall
notify the City upon the termination of any such employment.
D. Any taxi driver who has received a driver's permit under this Chapter shall
return same to the City upon termination of employment.
E. No person shall operate a taxi or apply for a permit to operate a taxi unless
that person has complied with the following controlled substance and alcohol testing
certification program.
1. Prior to employment, taxi drivers shall test negative for each of the
controlled substances specified in Part 40 (commencing with Section 40.1) of
Title 49 of the Code of Federal Regulations. Taxi drivers shall test negative for
controlled substances and for alcohol as a condition of permit renewal. As used
in this Section, a negative test for alcohol means an alcohol screening test
showing a breath alcohol concentration ofless than 0.02 percent.
2. Procedures for testing shall conform substantially to Part 40
commencing with Section 430.1) of Title 49 of the Code of Federal Regulations,
except that the taxi driver shall show a valid California driver's license at the time
and place of testing and except as otherwise provided in this Section.
Requirements for rehabilitation and for return-to-duty and follow-
up testing and other requirements, except as provided otherwise in this
Section, shall conform substantially to Part 382 (commencing with Section 382.101) of Title
49 of the Code
of Federal Regulations.3. A test in another jurisdiction shall be accepted as meeting
the City's requirements. Any negative test result shall be accepted for one year
as meeting a requirement for periodic permit renewal testing, if the taxi driver
has not tested posi1ive subsequent to a negative result. However, a prior negative
result shall not be a<:cepted as meeting the taxi driver pre-employment
testing requirement or any other testing requirements under this Section
other than periodic testing.4. In the case of a self-employed taxi driver,
the test results shall be reported directly to the City, which shall notify
the taxi leasing company of recOJrd, if any, of positive results. In all other cases,
the results shall be reported direc;tly to the employing taxi operator, who must
notify
the City of
5. All test results are confidential and shall not be released without the
consent of the driver, except as otherwise authorized by this Section or as
required by law.
6. Self-employed independent taxi drivers shall be responsible
for compliance with, and shall pay all costs of, this program with regard
to themselves. Employing taxi operators shall be responsible for compliance
with,and shall pay all costs of, this program with respect to their employees
and potential employees, except that an operator may require employees who
test positive to pay the costs of rehabilitation and of retum-to-
duty
and follow-up testing.7. Upon the request of a taxi driver applying for
a permit, the City shall give the taxi driver a list of the consortia certified
pursuant to Part 382 commencing with Section 382.101) of Title 49 of
the Code of Federal Regulations that the City knows offer tests in
or near the City.8. No evidence derived from a positive test
result pursuant to this Section shall be admissible in a
criminal prosecution concerning unlawful possession, sale or
distribution of
controlled substances.SECTION III: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 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 15 days after
its passage in a newspaper of general circulation in the City of Orange. The City Clerk
shall post in the Office of the City Clerk a certified copy of the full text of
the 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 30 days from its
date of final passage.ADOPTED this 28th
day
of
May 1996 ..//1/ I (i_.-h' /70' J (/ _C}--,C7z/-;
Mayor of the City of Orange'
I
1/
ArrEST:
I
3 OrdNo.13-%
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hereby certify that the foregoing Ordinance was introduced at the regular meeting of the
City Council held on the 14th day of May , 1996, and thereafter at
a regular meeting of said City Council duly held on the 28th day of
May , 1996, was duly passed and adopted by the following vote, to wit
AYES
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, BARRERA, COONTZ. SPURGEON. SLATER
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
DAD/dg
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96I1xi Ord. No.
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