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HomeMy WebLinkAbout03/17/2009, B4 - ORDINANCE AMENDING TAXICAB AND TAXI DRIVER PERMIT REGULATIONS council Maiinq Darc March 17,2009 j acEnba Report 134 CITY O F SAN L U I S O B I S P O FROM: Deborah Linden, Chief of Police SUBJECT: ORDINANCE AMENDING TAXICAB AND TAXI DRIVER PERMIT REGULATIONS RECOMMENDATION Introduce an ordinance amending sections 5.20.020, 5.20.050, 5.20.080, 5.20.110, 5.20.170, 5.20.180, 5.20.210 and 5.20.230 of the San Luis Obispo Municipal Code to modify the processes for obtaining a certificate of public convenience and necessity for the operation of a taxicab business, applying for additional or replacement taxicab permits, filing notices of rate changes, approving taxicab color schemes and insignia, and denying or revoking a taxi driver permit. DISCUSSION Chapter 5.20 of the San Luis Obispo Municipal Code regulates most aspects of taxicab operations in the City, including the issuance of taxicab operation and driver permits, rate schedules and changes, vehicle inspection, and meter requirements. Staff from the City Clerk, Public Works and Police Departments carry out and enforce the various provisions of this chapter. Over the past several months, staff has identified the need to modify certain sections of Chapter 5,20, specifically: 5.20.020 Certificate of public convenience and necessity required and taxicab permit required. 5.20.050 Certificate of public convenience and necessity — Hearing and investigation to determine need 5.20.080 Application for additional taxicabs—Granting 5.20.110 Replacing taxicabs—Notification 5.20.170 Rates—Deregulation 5.20.180 Vehicle identification 5.20.210 Driver's permit required—Application 5.20.230 Revocation of driver's permit Background On November 14, 2006, the Council heard an appeal from an applicant for a taxi driver permit whose application had been denied by the Chief of Police. The basis for denial was a previous conviction for driving under the influence of alcohol (DUI) approximately ten years prior. The Chief of Police was required to deny the permit application based on the provisions of San Luis Obispo Municipal Code section 5.20.210 which states that no permit shall be issued to anyone who has a previous conviction for DUI, regardless of how long ago the offense occurred. -L � I ( l ORDINANCE AMENDING TAXICAB AND TAXI DRIVER PERMIT REGULATIONS Page 2 Council granted the appeal and directed the Chief of Police to issue the driver permit. During the discussion, Council expressed concern about the lack of discretion the existing code provides the Police Chief in granting a permit even when certain criminal convictions occurred long ago. Council directed staff to review the code to determine if the basis for denial should be modified and if language should be added providing the Police Chief greater discretion in granting permits. Staff from the Police Department and Office of the City Attorney reviewed the applicable Municipal Code sections and determined that another Municipal Code section pertaining to criminal conduct— 5.08.030—also applied to Chapter 5.20 regulating taxicabs. Section 5.08.030 states that a criminal conviction for a felony or a "misdemeanor involving a crime of moral turpitude or conduct related to the nature of the permit requested" shall be a basis for disqualifying a permit applicant. The section also allows the City licensing authority (which is the Chief of Police for taxi driver permits) to disregard a criminal conviction if mitigating circumstances exist, and that the nature of the offense and length of time since the conviction may be considered. While section 5.08.030 provides the Chief of Police with the additional discretion necessary to satisfy Council's concerns about the taxi driver permit denial process, its placement in another Chapter of the Municipal Code is confusing to permit applicants and staff alike. Consequently, staff determined that it would be more desirable and consistent with Council direction to modify the taxi driver permit sections rather than relying on section 5.08.030. In addition, staff from the City Clerk, Police and Public Works Department reviewed other sections pertaining to taxicab permits and recommends minor modifications. Proposed Changes to Sections 5.20.020, 5.20.050,5.20.080,5.20.1109 5.20.170,and 5.20.180 Several sections of Chapter 5.20 pertain to processes for obtaining a certificate of public convenience and necessity to operate a taxicab business, adding or replacing taxicabs, notifying City staff of proposed rate changes, and approving taxicab color schemes and markings. These sections designate either the Chief of Police or the City Clerk as having primary responsibility for various portions of these processes. In practice, the Public Works Department has assumed responsibility for these processes and is currently conducting the appropriate investigations and carrying out the requirements of the code. Staff is proposing minor modifications to the following sections to show Public Works as the City department responsible for these tasks: 5.20.020 Certificate of public convenience and necessity required and taxicab permit required. 5.20.050 Certificate of public convenience and necessity — Hearing and investigation to determine need 5.20.080 Application for additional taxicabs—Granting 5.20.110 Replacing taxicabs—Notification 5.20.170 Rates—Deregulation 5.20.180 Vehicle identification ORDINANCE AMENDING TAXICAB AND TAXI DRIVER PERMIT REGULATIONS Page 3 Proposed Changes to Section 5.20.210—Taxi Driver's Permit Application Section 5.20.210 outlines the process for applying for a taxi driver permit from the Chief of Police, as well as the circumstances for which a permit shall be denied. Staff is proposing the following modifications to this section: 1. Addition of certain offenses to list of disqualifying crimes: The Municipal Code requires the disqualification of applicants who are convicted of any felony or certain misdemeanor crimes involving moral turpitude or narcotics. However, there are many other misdemeanor crimes not included in this section that, if convicted, would indicate a person could reasonably present a danger to passengers and member of the public if granted a taxi driver permit.. Staff is recommending the following misdemeanor offenses be added to section 5.20.210 E: sexual assaults sexual battery; weapons offenses; robbery; manslaughter. 2. Addition of reasonabletimelinesto DUI and reckless driving convictions: Currently anyone convicted of reckless driving or DUI is ineligible for a taxi driver permit, regardless of the length of time since the conviction. This issue was the basis for the recent appeal heard by Council. Typically, violations of this nature are removed from a person's driving record after seven years from the date of conviction. Staff recommends that the permit provisions mirror the DMV regulations for these offenses and be modified to allow an applicant to be eligible for a taxi driver permit if the period of time between a reckless driving or DUI conviction and the date of application is at least seven years. 3. Addition of reasonable timelines to misdemeanor hit and run convictions: Currently anyone with two or more convictions of misdemeanor hit and run is ineligible for a taxi driver permit. Staff recommends adding reasonable timelines to these convictions of one or more convictions within the last three years or two or more convictions within the last seven years. These timelines are consistent with existing driving history retention standards. 4. Expansion of vehicle code exclusions and addition of reasonable timelines: The current Municipal Code disqualifies an applicant who has two or more convictions for vehicle code speed violations during any consecutive twelve month period, regardless of the length of time between the convictions and the application. Staff recommends amending this section to include vehicle code moving violations, not just speed violations, and attach reasonable timelines of two or more moving violations in any twelve month period during the past three years or three moving violations within the past three years as the basis for denial of a permit. This modification would allow the denial of a permit for frequent and recent violations of vehicle code offenses that are indicative of unsafe driving such as right-of-way violations, red light running, and illegal turning movements. The addition of timelines ensure that permits are not denied to drivers who receive infrequent citations, but that those who demonstrate a recent pattern of unsafe driving are not granted a taxi driver permit until they demonstrate a consistent change in behavior. q-3 ORDINANCE AMENDING TAXICAB AND TAXI DRIVER PERMIT REGULATIONS Page 4 5. Addition of public saftyguideline: Along with the specific criteria in section 5.20.210 that provides the basis for denial of a taxi driver permit, staff recommends adding the following provision that allows the Chief of Police to deny a permit to any person who "has displayed a pattern of criminal conduct or driving violations that would indicate they would pose a danger to the safety of passengers or other motorists if granted a driver's permit" (proposed section 5.20.2 10 E 11). Some applicants present criminal or driving convictions that do not fall into the articulated categories requiring the Police Chief to deny their permit application; however, their conduct creates significant concern about their ability to ensure the safety of passengers using a taxi service or other motorists sharing the roadways. The addition of this section provides the ability for the Police Chief to deny a permit to an applicant whose conduct, based upon a reasonable and prudent standard, poses an unreasonable risk to passengers and members of the public. 6. Minor language clean-up: Staff made other very minor non-substantive modifications to section 5.20.210 to reflect current practices, such as requiring the applicant submit two photographs instead of three. Proposed Changes to Section 5.20.230—Revocation of Taxi Driver's Permit Municipal Code section 5.20.230 outlines the provisions under which the Police Chief may revoke or refuse to renew a taxi driver permit based on violations committed by the permit holder since the issuance of a permit. Staff modified this section to mirror the changes made to section 5.20.210 so that the same violations that trigger the denial of a permit application also pertain to the revocation of an existing permit. Outreach to Taxi Companies Staff sent the proposed changes to sections 5.20.210 and 5.20.230 (pertaining to taxi driver permits) to the owners of the two Taxi companies currently licensed to operate in the City: Beach Cities Cab (owner Jeff Goldenberg) and 234 Taxi LLC (owner Amy Simpson). Both owners expressed support for the proposed changes. CONCURRENCES The Public Works Director, Transit Manager, and City Clerk concur with the recommendation. FISCAL IMPACT The recommended changes to the Municipal Code are regulatory in nature and will not have any fiscal impact on the City or applicants. ALTERNATIVES 1. Do not adopt approve the proposed changes. Council could direct staff to maintain the existing Municipal Code sections pertaining to taxicab and taxi driver permits as written. —Y ORDINANCE AMENDING TAXICAB AND TAXI DRIVER PERMIT REGULATIONS Page 5 Staff will continue to evaluate permit applications based on existing criteria; however applicants will be subject to the same rejection standards that caused Council to seek modifications to the ordinance. 2. Consider alternative changes:If Council desires changes to the ordinance different from those proposed, Council should direct staff to return with additional modifications for consideration. ATTACHMENTS 1. Legislative Draft of proposed amendments to Municipal Code Sections 5.20.020, 5.20.050, 5.20.080, 5.20.110, 5.20.170, 5.20.180, 5.20.2 10 and 5.20.230 2. Ordinance amending Municipal Code Sections 5.20.020, 5.20.050, 5.20.080, 5.20.110, 5.20.170, 5.20.180, 5.20.2 10 and 5.20.230 T:\Council Agenda Reports\Police CAR\CAR Taxi Permit Muni Code Amendments 3-17-09.DOC Attachment I Legislative Draft of Amendments to Sections 5.20.050,5.20.210,and 5.20.230 of Chapter 5.20(Taxicabs)of Title 5(Licenses,Permits,and Regulations)of the San Luis Obispo Municipal Code 5.20.020 Certificate of public convenience and necessity required and taxicab permit required. No person shall engage in the business of operating any vehicle defined in Section 5.20.010 within the city without first having obtained a certificate of public convenience and necessity from the council and a taxicab permit for the operation of each vehicle authorized under such certificate of public convenience and necessity from they Director-------- Deleted: city clerk of Public Works.(Prior code§6240.1) 5.20.050 Certificate of public convenience and necessity—Hearing and investigation to determine need. In determining whether the public convenience and necessity require the operation of a taxicab, or taxicabs, for which application is made, the council shall hold such public hearing as may be necessary in its discretion to determine that fact. Before any application is acted upon, the,- ' ublic Works De arunent shall cause an - Formatbad:Font:(Default)rimes - _---- ----- .__. -__ - --------------- New Roman,12 pt,Font color:Auto, investigation to be made and shall report,�he findings,_in_writing, to the council on the ------------ ------ `• Strikethrough,Shadow following: Deleted: A. The demand of the public for additional taxicab service; B.The adequacy of existing mass transportation and taxicab service•, Deleted:his or her C. The financial responsibility and experience of the applicant; D.The number,kind and type of equipment and the color scheme to be used; E.The effect which such additional taxicab service may have upon traffic congestion and parking; F. Whether the additional taxicab service will result in a greater hazard to the public; G. Such other relevant facts as the council may deem advisable or necessary. (Prior code § 6240.4) 5.20.050 Application for additional taxicabs—Granting. Any holder of a certificate of public convenience and necessity may make application to the director of Public Works for such additional taxicab permits_as he or she may.----- Deleted:city clerk desire. The pirector of Public Works shall notify the other certificate holders of such -.-. Deleted:city clerk - -- ---------- application and if no objections are filed within ten days, the applicant shall be granted such taxicab permit or taxicab permits as requested without necessity of a hearing or investigation as provided in Section 5.20.050. If, however, protests are filed, then such taxicab permits shall be granted or denied only in accordance with the provisions of Section 5.20.050 and 5.20.060.(Prior code § 6240.7) 1 y—Icq Attachment I:Legislative Draft of Ta>. -,dinance Amendments Page 2 5.20.110 Replacing taxicabs—Notification.. Whenever a certificate holder replaces a taxicab for which a permit has been issued,he or she shall file with the pirector of Public Works the name, type, year of manufacture, Deleted:city clerk serial number and motor number of the vehicle abandoned and the vehicle to be placed in use.The pirector of Public Worksshall,as a matter of right,authorize the replacement of Deleted:city clerk such vehicle under the existing permit. (Prior code §6240.10) 5.20.170 Rates—Deregulation. Nothing herein shall prohibit the council from deregulating taxi rates. Council may by resolution provide for the deregulation of taxi rates. No resolution authorizing deregulation of rates shall be adopted without a hearing before the council. Notice of such hearing shall be given to each certificate holder in writing by the city clerk at least five days before the hearing and council may give such other notice as it shall deem necessary. Pursuant to the terms and conditions of the resolution of deregulation, any certificate holder may establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each holder of a certificate of public convenience and necessity under the provisions of this chapter, following posting of such change, modifications or amendments to the taximeter rates in each vehicle in such a place as to be in view of all passengers thirty days prior to such taximeter rates taking effect. All changes, modifications or amendments to the schedule of rates shall be filed with the city clerk and Director of Public Works thirty days prior to such rates taking effect. A. A resolution of deregulation shall expressly provide such limitations and conditions as council shall deem appropriate. B.A resolution of deregulation may be revoked, and taxi rates reestablished by the council upon its own motion or upon application of a certificate holder. No resolution of deregulation of taxi rates shall be revoked and no.taxi rates reestablished by the council without a hearing before the council after notice as set out herein. (Prior code §6240.15(b)) 5.20.180 Vehicle identification. A. Every taxicab shall have permanently printed or placed on each side of such taxicab the name of the owner or the fictitious name under which the owner operates, together with the telephone number of the owner or company. All of such lettering shall be in letters of not less than 2-1/4 inches in height and not less than 5/16 of an inch stroke. In addition thereto, every taxicab shall have printed or placed upon the exterior of such taxicab in conspicuous letters of at least 3 Ye inches in height and not less than 1/2-inch stroke, of a color in contrast to the color of the taxicab, the number of such taxicab and which numbering shall be printed or placed in the following locations: 1. In front center of taxicab on metal above windshield; 2.One number on each side of taxicab;and 3.One number on each side of outside rear of taxicab. 2 gr7- Attachment 1:Legislative Draft of Tax.......dinance Amendments Page 3 B. All taxicabs shall conform to the color scheme, name, monogram or insignia approved by the,Director of Public Works. - ------ - - --------- ------------------------------ Deleted: city clerk C.No person shall imitate any color scheme, monogram or insignia used by any other holder of a certificate of public convenience and necessity which has been approved by the Director of Public Works. -------------------------- ---------- - ---- - -------------------- Deleted: city clerk (Prior code§ 6240.16) 5.20.210 Driver's permit required—Application. A.No person shall drive or operate any of the vehicles mentioned in Section 5.20.010 without first obtaining a permit in writing to do so from the chief of police,or any person designated by the chief. Permit issued will entitle the driver to work for only those employers whose name appears on the permit. A new permit will be required for each subsequent employment; provided, however, that no application shall be necessary other than a ratification of change of employment and proof of negative test as specified in subsection(C)(4)of this section. B.Any application for a driver's permit shall be accompanied by a fee as set by resolution of the council. The application fee shall be used to defray, in whole or in part, the city and/or state costs of investigation and review of the application. C.Applicants for such permits shall file applications with the chief of police.: The , -- Deleted.,therefor application shall contain the following information together with jwo photographs of the.__- Deleted:three applicant: Deleted:Pictures 1.Name, marital status, age, residence, last previous address, and the length of residence at such last address and in the city; 2.The names and addresses of two residents of the city acquainted with the applicant; 3. Complete fingerprinting of applicant; 4. Proof of a negative test for controlled substances and for alcohol which complies with the requirements set forth in Government Code Section 53075.5; 5.The name of the driver's employer or prospective employer; 6.All criminal convictions. D.The application will not be processed by the chief of police or his or her designee until the application is complete and all of the required information has been submitted. E.No permit shall be issued to any of the following persons: 1.Any person under the age of twenty-one years; 2.Any person not a citizen of the United States or who has not lawfully declared his or her intention to become such; 3. Any person who has been convicted of a felony; 4. Any person who has been convicted of a misdemeanor crime involving anv of the following: sexual offense; weapons offense; robbery; manslaughter;moral turpitude;-. - Deleted: orn crime involving pandering, using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics; �. Any person who,. within the past seven years from the date of the application, -_. Deleted:4 has been convicted of driving a vehicle recklessly or while under the influence of intoxicating liquors or narcotics; k. Any person not possessing a valid chauffeur's license issued by the state; Deleted:5 3 �'V Attachment l:Legislative Draft of Tax._edinance Amendments i Page 4 7.Any person convicted of violating any provisions of this chapter or any similar Deleted:6 ordinance of another public agency; A.Any person who has made a material misstatement or omission in the permit Deleted:7 application; 9. Any person who has had one or more convictions of misdemeanor hit and run Deleted:8 within the past three years,or two or more convictions of misdemeanor hit and run within the past seven years; 10. Any person who has hack two or more movingviolations as set forth in the ...-- Deleted:,or Vehicle Code of the state occurring during any 12 month Deriod within the past three Deleted: speed years, or three or more total violations during the past three years p Deleted:consecutive 11. Any person who has displayed a pattern of criminal conduct or driving Deleted:not exceeding twelve months. violations that would indicate they would nose a dan3er to the safety of passen eG rs or other motorists if=anted a driver's permit. F.Any person whose application has been denied may appeal that denial in accordance with the provisions set forth in Section 5.20.240. (Ord. 1484 § 4, 2005; Ord. 1298 § 1, 1996;prior code §6240.19) 5.20.230 Revocation of driver's permit. The chief of police may revoke or refuse to renew an operator's license if the driver or applicant has since the granting of his or her permit: A. Been convicted of a felony; B. Been convicted of a misdemeanor crime involving any of the following: sexual offense: weapons offense; robbery; manslaughter; Jnoral turpitude; pandering, using, Deleted:or a crime involving possessing, selling or transporting narcotics; or imparting information for obtaining narcotics; C.Been convicted of driving recklessly or while under the influence of liquors or Deleted:s narcotics; ,Q. Had his or her state driver's or chauffeur's license revoked or suspended; Deleted:C C Had one or more convictions of misdemeanor hit and run within the past three . Deleted:D years, or two or more convictions of misdemeanor hit and run, within the past seven years ; F. Had two or more moving violations as set forth in the Vehicle Code of the state occurring during any 12 month period within the past three gars, or three or more total violations during the past three years: Deleted:or speed violations w set forth G. Displayed a pattern of criminal conduct or drivin violations that would indicate in my Code or tperiodhe eot occurring �' during any consecutive period not thev pose a dancer to the safetv of passengers or other motorists; exceeding twelve months �1. Failed to submit proof of a negative test for controlled substances and alcohol as -- Deleted:e required in Section 5.20.210; 1. Been convicted of violating any of the provisions of this chapter. (Ord. 1298 § 1, - Deleted:F 1996;prior code§6240.22) 4 Attachment 2: Ordinance No. (2009 Series) Page ] ORDINANCE NO. (2009 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CHAPTER 5.20 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO MODIFY THE PROCESSES FOR INITIATING AN INVESTIGATION REGARDING THE PUBLIC CONVENIENCE AND NECESSITY FOR THE OPERATION OF A TAXICAB AND FOR DENYING OR REVOKING A TAXI DRIVER PERMIT WHEREAS, the Council of the City of San Luis Obispo met in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on , 2009, for the purpose of considering changes proposed to the Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Sections 5.20.020 (Certificate of public convenience and necessity required and taxicab permit required), 5.20.050 (Certificate of public convenience and necessity— Hearing and investigation to determine need), 5.20.080 (Application for additional taxicabs— Granting), 5.20.110 (Replacing Taxicabs—Notification), 5.20.170 (Rates—Deregulation), 5.20,180 (Vehicle identification), 5.20.2 10 (Driver's permit required—Application) and 5.20.230 (Revocation of driver's permit) of Chapter 5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code are hereby repealed. SECTION 2. New Section 5.20.020 (Certificate of public convenience and necessity required and taxicab permit required) of Chapter 5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code is hereby adopted to read as follows: 5.20.020 Certificate of public convenience and necessity required and taxicab permit required. No person shall engage in the business of operating any vehicle defined in Section 5.20.010 within the city without first having obtained a certificate of public convenience and necessity from the council and a taxicab permit for the operation of each vehicle authorized under such certificate of public convenience and necessity from the Director of Public Works. SECTION 3. New Section 5.20.050 (Certificate of public convenience and necessity— Hearing and investigation to determine need) of Chapter 5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code is hereby adopted to read as follows: 5.20.050 Certificate of public convenience and necessity—Hearing and investigation to determine need. In determining whether the public convenience and necessity require the operation of a taxicab, or taxicabs, for which application is made, the council shall hold such public hearing as may be necessary in its discretion to determine that fact. Before any application is acted upon, the Public Works Department shall cause an investigation to be made and shall report the findings, in writing, to the council on the following: A. The demand of the public for additional taxicab service; q-1v Attachment 2: Ordinance No. (2009 Series) Page 2 B. The adequacy of existing mass transportation and taxicab service; C. The financial responsibility and experience of the applicant; D. The number, kind and type of equipment and the color scheme to be used; E. The effect which such additional taxicab service may have upon traffic congestion and parking; F. Whether the additional taxicab service will result in a greater hazard to the public; G. Such other relevant facts as the council may deem advisable or necessary. SECTION 4. New Section 5.20.080 (Application for additional taxicabs—Granting) of Chapter 5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code is hereby adopted to read as follows: 5.20.080 Application for additional taxicabs—Granting. Any holder of a certificate of public convenience and necessity may make application to the Director of Public Works for such additional taxicab permits as he or she may desire. The Director of Public Works shall notify the other certificate holders of such application and if no objections are filed within ten days, the applicant shall be granted such taxicab permit or taxicab permits as requested without necessity of a hearing or investigation as provided in Section 5.20.050. If, however, protests are filed, then such taxicab permits shall be granted or denied only in accordance with the provisions of Section 5.20.050 and 5.20.060. SECTION 5. New Section 5.20.110 (Replacing taxicabs—Notification) of Chapter 5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code is hereby adopted to read as follows: 5.20.110 Replacing taxicabs—Notification. Whenever a certificate holder replaces a taxicab for which a permit has been issued, he or she shall file with the Director of Public Works the name, type, year of manufacture, serial number and motor number of the vehicle abandoned and the vehicle to be placed in use. The Director of Public Works shall, as a matter of right, authorize the replacement of such vehicle under the existing permit. SECTION 6. New Section 5.20.170 (Rates—Deregulation) of Chapter 5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code is hereby adopted to read as follows: 5.20.170 Rates—Deregulation. Nothing herein shall prohibit the council from deregulating taxi rates. Council may by resolution provide for the deregulation of taxi rates. No resolution authorizing deregulation of rates shall be adopted without a hearing before the council. Notice of such hearing shall be given to each certificate holder in writing by the city clerk at least five days before the hearing and council may give such other notice as it shall deem necessary. Pursuant to the terms and conditions of the resolution of deregulation, any certificate holder may establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each holder of a certificate of public convenience and necessity under the provisions of this chapter, following posting of such change, modifications or amendments to the taximeter rates in each vehicle in such a place as to be in view of all passengers thirty days prior to such taximeter rates taking y-lt Attachment 2: Ordinance No. (2009 Series) Page 3 effect..All changes, modifications or amendments to the schedule of rates shall be filed with the city clerk and Director of Public Works thirty days prior to such rates taking effect. A. A resolution of deregulation shall expressly provide such limitations and conditions as council shall deem appropriate. B. A resolution of deregulation may be revoked, and taxi rates reestablished by the council upon its own motion or upon application of a certificate holder. No resolution of deregulation of taxi rates shall be revoked and no taxi rates reestablished by the council without a hearing before the council after notice as set out herein. SECTION 7. New Section 5.20.180 (Vehicle identification) of Chapter 5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code is hereby adopted to read as follows: 5.20.180 Vehicle identification. A. Every taxicab shall have permanently printed or placed on each side of such taxicab the name of the owner or the fictitious name under which the owner operates, together with the telephone number of the owner or company. All of such lettering shall be in letters of not less than 2-1/4 inches in height and not less than 5/16 of an inch stroke. In addition thereto, every taxicab shall have printed or placed upon the exterior of such taxicab in conspicuous letters of at least 3 Ye inches in height and not less than 1/2-inch stroke, of a color in contrast to the color of the taxicab, the number of such taxicab and which numbering shall be printed or placed in the following locations: 1. In front center of taxicab on metal above windshield; 2. One number on each side of taxicab; and 3. One number on each side of outside rear of taxicab. B. All taxicabs shall conform to the color scheme, name, monogram or insignia approved by the Director of Public Works. C. No person shall imitate any color scheme, monogram or insignia used by any other holder of a certificate of public convenience and necessity which has been approved by the Director of Public Works. SECTION 8. New Section 5.20.210 (Driver's permit required—Application) of Chapter 5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code is hereby adopted to read as follows: 5.20.210 Driver's permit required—Application. A. No person shall drive or operate any of the vehicles mentioned in Section 5.20.0 10 without first obtaining a permit in writing to do so from the chief of police, or any person designated by the chief. Permit issued will entitle the driver to work for only those employers whose name appears on the permit. A new permit will be required for each subsequent employment; provided, however, that no application shall be necessary other than a ratification of change of employment and proof of a negative test as specified in subsection (C)(4) of this section. B. Any application fora driver's permit shall be accompanied by a fee as set by resolution of the council. The application fee shall be used to defray, in whole or in part, the city and/or state costs of investigation and review of the application. C. Applicants for such permits shall file applications with the chief of police. The application shall contain the following information together with two photographs of the applicant: Attachment 2: Ordinance No. (2009 Series) Page 4 1. Name, marital status, age, residence, last previous address, and the length of residence at such last address and in the city; 2. The names and addresses of two residents of the city acquainted with the applicant; 3. Complete fingerprinting of applicant; 4. Proof of a negative test for controlled substances and for alcohol which complies with the requirements set forth in Government Code Section 53075.5; 5. The name of the driver's employer or prospective employer; 6. All criminal convictions. D. The application will not be processed by the chief of police or his or her designee until the application is complete and all of the required information has been submitted. E. No permit shall be issued to any of the following persons: 1. Any person under the age of twenty-one years; 2. Any person not a citizen of the United States or who has not lawfully declared his or her intention to become such; 3. Any person who has been convicted of a felony; 4. Any person who has been convicted of a misdemeanor crime involving any of the following: sexual offense; weapons offense; robbery; manslaughter; moral turpitude; pandering, using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics; 5. Any person who, within the past seven years from the date of the application, has been convicted of driving a vehicle recklessly or while under the influence of intoxicating liquors or narcotics; 6. Any person not possessing a valid chauffeur's license issued by the state; 7. Any person convicted of violating any provisions of this chapter or any similar ordinance of another public agency; 8. Any person who has made a material misstatement or omission in the permit application; 9. Any person who has had one or more convictions of misdemeanor hit and run within the past three years, or two or more convictions of misdemeanor hit and run within the past seven years; 10. Any person who has had two or more moving violations as set forth in the Vehicle Code of the state occurring during any 12 month period within the past three years, or three or more total violations during the past three years; 11. Any person who has displayed a pattern of criminal conduct or driving violations that would indicate they would pose a danger to the safety of passengers or other motorists if granted a driver's permit. F. Any person whose application has been denied may appeal that denial in accordance with the provisions set forth in Section 5.20.240. SECTION 9. New Section 5.20.230 (Revocation of driver's permit) of Chapter 5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code is hereby adopted to read as follows: 5.20.230 Revocation of driver's permit. The chief of police may revoke or refuse to renew an operator's license if the driver or applicant has since the granting of his or her permit: A. Been convicted of a felony; *13 Attachment 2: Ordinance No. (2009 Series) Page 5 B. Been convicted of a misdemeanor crime involving any of the following: sexual offense; weapons offense; robbery; manslaughter; moral turpitude; pandering, using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics; C. Been convicted of driving recklessly or while under the influence of liquors or narcotics; D. Had his or her state driver's or chauffeur's license revoked or suspended; E. Had one or more convictions of misdemeanor hit and run within the past three years, or two or more convictions of misdemeanor hit and run, within the past seven years ; F. Had two or more moving violations as set forth in the Vehicle Code of the state occurring during any 12 month period within the past three years, or three or more total violations during the past three years; G. Displayed a pattern of criminal conduct or driving violations that would indicate they pose a danger to the safety of passengers or other motorists; H. Failed to submit proof of a negative test for controlled substances and alcohol as required in Section 5.20.210; I. Been convicted of violating any of the provisions of this chapter. SECTION 10. A summary of this ordinance, approved by the City Attorney, together with the names of Council members voting for and against, shall be published at least five (5) days prior to adoption in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and adoption and shall be made available to any interested member of the public. INTRODUCED on the day of 2009 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2009, on the following vote: AYES: NOES: ABSENT: l � Attachment 2: Ordinance No. _ (2009 Series) Page 6 Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan P. Lowell, City Attorney �f�7