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HomeMy WebLinkAbout0231NORDINANCE NO. 231 —(New Series) AN ORDINANCE REGULATING THE BUSINESS OF OPER�T- ING TAXICABS IN THE CITY OF SAN'LUIS OBISPO, PRESCRIBING T -.W!!S AND CONDITIONS UNDER WHICH TAXICABS IAY BE OPERATED AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. For the purpose of this ordinance the term . "taxicab" shall mean and include every motor vehicle used in the busi- ness of carrying passengers for hire, and which is rented from a pub- lie or private garage or any fixed stand or location or upon being hailed, or upon telephone call and the destination of which is under the control of the passenger or passengers being carried therein; the term "owner" shall mean every person, firm or corporation owning or controlling any taxicab; the term "driver" shall mean and include every person in actual charge and control of any taxicab as the driver thereof. SECTION 2. It shall be unlawful for any person, firm, assoc- iation or corporation to operate or in the City of San Luis Obispo, any been issued by the City of San Luis this ordinance an owner's permit to the driver thereof, and unless such poration has fully complied with th, cause to be operated at any point taxicab unless there shall have Obispo under the provisions of the owner and a driver's permit to person, firm, association or cor- terms of this ordinance. SECTION 3. It shall be unlawful for the owner or driver of any taxicab to park or stand the same upon any public highway in the City of San Luis Obispo any period of time longer than is necessary to discharge or receive passeng yen ooctio a ne- , "or then .waiting for such taxicab; provided that a taxicab may park in a permitted stand. SECTION Every person, firm, or corporation operating any taxicab in the City of San Luis Obispo, shall obtain a license there- for and pay the license fee provided for by ordinance or ordinances of said city. Said license shall be issued in the same manner pro- vided by ordinance for other licenses of the City of San Luis Obispo. SECTION 5. Any owner desiring the permit required by Sec- tion 2 hereof shall make application therefor to the City Council of the City of San Luis Obispo upon such form, and containing such infor- mation, as may be required by the City Council. Upon receipt of such application the City Council shall make or cause to be made an investi- gation in reference to such application and shall have power to de- termine all issues relative to granting or denying owners permits for taxicabs. SECTION 6. It shall be unlawful for any driver to operate or drive a taxicab in the City of San Luis Obispo unless the owner has obtained a permit and license therefor as herein required, and such driver has obtained a driver's permit as herein provided, and unless both of said permits are in full force and effect. SECTION 7. Application for drivers' permits shall be made to the Chief of Police upon such form and containing such information as may be required by the City Council. Upon receipt of such applica- tion the Chief of Police shall make an investigation in reference to such application and shall have power, subject to review by the City Council, to determine all issued relative to granting or denying drivers' permits. The Chief of Police shall also have power to revoke or suspend, subject to review by the City Council, any driver's permit issued hereunder in the event the holder thereof shall be found guilty of a violation of any of the provisions of this ordinance, or shall be found guilty of reckless driving or shall have charged fare for the use of a taxicab in excess of the ordinary and usual rates or for the violation of any other law, which violation shall be deemed sufficient evidence of the fact that such driver is not a competent person to operate a taxicab. SECTION g. The services of a taxicab shall be available only upon telephone call, engagement of the taxicab when parked at a regular - 2 - stand or while at a railroad depot or bus terminal, or when hailed from the street, sidewalk or curb, but not otherwise. SECTION 9. It shall be unlawful for any owner to drive or operate or cause or permit to be driven or operated, any taxicab in the City of San Luis Obispo, unless such owner shall have placed on file with the City Clerk a written certificate or certificates of a responsible and solvent corporation authorized to issue such policy under the laws of the State of California, that it has issued to or for the benefit of the owner, a motor vehicle liability policy or policies which, at the date of said certificate or certificates, are in full force and effect, and designating therein that any and all public motor vehicles which may be driven or operated under any per- mit granted to such owner under the provisions of this ordinance are, or will be covered under said policy or policies. SECTION 10. The motor vehicle liability policy required under the provisions of Section 6 of this ordinance shall insure the owner, as defined herein, and any other person using or responsible for the use of any such vehicle, with the consent, express or implied, of such owner, against loss from the liability imposed upon such owner by law for injury to, or death of, any person, or damage to property, growing out of the maintenance, operation or ownership of any public motor vehicle to the amount or limit of Five Thousand Dollars ($5,000.00), exclusive of interest and costs, on account of injury to, or death of any one person, of Ten Thousand Dollars ($10,000.00), exclusive of interest and costs, on account of any one accident resulting in injury to or death of more than one person, and of Five Thousand Dollars (5,000.00) for damage to property of others resulting from any one accident. Said motor vehicle liability policy shall inure to the bene- fit of any and all persons suffering loss or damage either to person or property, as herein provided, and the liability of the insurance car- rier shall be in no manner abrogated or abated by the death of the tort feasor and /or the owner. SECTION 11. Every certificate required under the provisions of Section 6 of this ordinance shall certify that the motor vehicle liability policy or policies therein cited shall not be cancelled ex- cept upon ten (10) days' prior written notice thereof to the City Council. Said motor vehicle liability insurance shall be a continu- ing liability up to the full amount thereof, notwithstanding any re- covery thereon, and said certificates thereof shall so certify. All motor vehicle liability policies and all certificates thereof shall be subject to the approval of the City Attorney in any and all mat - tens and if at any time, in the judgment of the City Council, said motor vehicle liability policies are not sufficient for any cause, said council may require the owner of such public motor vehicle who filed the same to replace said motor vehicle policies within ten (10) days with other policies in accordance with the provisions of this ordinance. If said owner fails to replace said motor vehicle policies within said ten (10) day period with good and sufficient policies, as aforesaid, then at the termination of said period the owner's permit issued hereunder shall be by such failure automatically suspended until such time as said requirement is complied with, and the Chief of Police shall enforce such suspension. SECTION 12. Subject to the approval of the City Council, the owner of any taxicab or taxicabs operated under the provisions of this ordinance, may file a bond of a responsible and solvent corpora- tion authorized to issue such bonds under the laws of the State of California, containing the conditions, and giving the protection re- quired in the motor vehicle liability policy required by Sections 6, 7 and 8 hereof, in lieu of either all or any part of the insurance coverage required by said section. In the event of the filing of a bond under the provisions of this section, the applicable provisions of said Sections 6, 7 and 8 hereof shall govern the furnishing of such bond and the owner filing it. - 4 - SECTION 13. It shall be unlawful for any owner or driver to operate, or cause to be operated, any taxicab while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe or insanitary condition. Every taxicab shall at all times be subject to the inspection of any police officer or sanitary inspector of the City of San Luis Obispo. SECTION 14.. No driver of any taxicab shall permit any per- son to ride on the running board thereof or elsewhere outside of the body thereof. No driver of any taxicab shall permit more persons to ride in the driver's compartment thereof than can be seated in the regular seats in said compartment, or permit any person to sit or stand at any place in or on said taxicab where such person obstructs the driver's view of traffic ahead or to either sid.e. SECTION 15. When a taxicab is engaged and has started on a trip the occupant or occupants have the exclusive right to the full and complete use of the passenger compartment, and no otpmer or driver of said taxicab shall solicit or carry additional passengers therein without the consent of the original occupant or occupants. SECTION 16. Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination. SECTION 17. Every person, firm or corporation owning or operating any taxicab shall at all times be subject to the laws'of the State of California and all ordinances of the City of San Luis Obispo not in conflict with this ordinance. SECTION 18. No driver of any taxicab shall cruise in search of passengers at any ti-:re; and whenever all passengers have been dis- charged from any taxicab it shall be the duty of the driver thereof to proceed at once by the most direct route to the regular stand of such taxicab or garage, or other point where said vehicle is stored. SECTION 19. It shall be unlawful for the driver of any taxicab to operate such taxicab along the route of any bus line operat- ing under a franchise granted by the City of San Luis Obispo, for the - 5 - 11 purpose of picking up or securing as passengers, people who are wait- ink; for a bus. SECTION 20. Stands for taxicabs shall be maintained and occupied only as provided in the traffic ordinances of said city. SECTION 21. Any person, firm, corporation or association violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punish- able by a fine of not more than Five hundred Dollars (0500.00), or by imprisonment in the County Jail of the County of San Luis Obispo for not more than six (6) months, or by both such fine and imprison- r.- ent . SECTION 22. If any section, sub - section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, sub - section, sen- tence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses or phrases be declared invalid. INTRODUCED AND PASSED TO PRINT this 25th day of August, 1941, by the following vote: AYES: W.H.Brazil,R.P.Howell.Ralph C.Kennedy,F.C.Kimball,Joseph Leary___._ NOES: _ None ABSENT: None ATTESTAY C �_ ity Clerk - 6 - Mayor Finally passed this 8th day of Sept. 1941 by the following vote: Ayes: W.H.Brazil,R.P.Howell, Ralph C. Kennedy, F.C.Kimball, Joseph Leary Noes: None Absent: None rK Ma or ATTEST: City Clerk