HomeMy WebLinkAbout0357NORDINANCE NO. 357.
(New Series)
AN ORDINANCE OF TTHE CITY OF `_:iAN LUIS OBISPO REGULATING THE
OPERA7'ION OF TAXICABS UPON THE PUBLIC STREETS OF THE CITY
OF SAN LUIS OBISPO; PRESCRIBING PENALTIES FOR VIOLATION
THEREOF; AND REPEALING ORDINANCE NO. 231 (New Series)
BE IT ORDAINED by the Council of the City of San Luis Obispo as
f o l lows;
SECTION 10 DEFINITIONS.
Unless otherwise expressly stated, whenever used in this article the
following terns shall respectively be deemed to mean;:
(a) STREET - any place commonly used for the purpose of
public travel.
(b) PERSON - includes any person, firm or corporation.
(c) COUNCIL - the City Council of San Luis Obispo.
(d) CITY CLERK - the City Clerk of San Luis Obispo.
(e) CHIEF OF POLICE - The Chief of Police of the City of
San Leis Obispo.
(f) DRIVER - every person in charge of, or operating, any
passenger - carrying or motor - propelled vehicle, as herein defined, either
as agent, employee, or otherwise, of owner, as owner, or under the
direction of the owner, as herein defined.
(g) CERTIFICATE HOLDER - any person to whom a certificate of
public convenience and necessity has been issued under the provisions of
this ordinance and which certificate has not been revoked.
(h) TAXICAB PERMIT - is an authorization issued to a holder
of a certificate of public convenience and necessity pursuant to the
provisions of this ordinance to operate a taxicab within the city limits
of the City of San Luis Obispo.
(i) TAXICAB - is any motor - propelled vehicle used for the
transportation of passengers who direct the route to be traveled over
the streets and not operated over a fixed route for, compensation,
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(j) TAXICAB STAND - A public place alongside the curb of a
street or elsewhere in the City of San Luis Obispo which has been des-
ignated by the City Council as reserved exclusively for the use of a
holder of a certificate of public convenience and necessity.
SECTION 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.
(a) No person shall engage in the business of operating any
vehicle defined in Section 1 hereof within the City of San Luis Obispo
without first having obtained a certificate of public convenience and
necessity from the City Council of the City of San Luis Obispo and a
taxicab permit for the operation of each vehicle authorized under such
certificate of public convenience and necessity from the City Clerk of
the City of San Luis Obispo.
(b) All persons applying to the City Council of the City
of San Luis Obispo for a certificate of public convenience and necessity
to operate one or more taxicabs shall file with the City Council of the
City of San Luis Obispo sworn application in a form stating as follows:
1. The name and address of the owner or person applying;
if a partnership, the name of each partner; if a corporation, the names
of the directors and principal officers.
taxi service.
2. The number of vehicles proposed to be operated for
3. The designated number of each taxicab to be operated.
4* A description of the proposed color scheme, insignia,
trade style, and /or any other destinguishing characteristics of the
proposed taxicab design.
5. Any facts which the applicant believes tend to prove
that public convenience and necessity require the granting of a permit.
require.
6. Proposed rates to be charged.
7. Such further information as the City Council shall
(c) No certificate of public convenience and necessity for
the operation of any taxicab shall be granted until the City Council of
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the City of San Luis Obispo shall, after hearing, declare by resolution
that the public convenience and necessity require the issuance of such
certificate.
(d) In determining whether the public convenience and nec-
essity require the operation of a taxicab, or taxicabs, for which ap-
plication is made, the City Council shall hold such public hearing as
may be no in its discretion to determine that fact. Before any
application is acted upon;. the Chief of Police shall cause an investi-
gation to be made and shall report his findings, in writing, to the
City Council on the following:
cab service.
plicant.
1. The demand of the public for additional taxicab service.
2. The adequacy of existing mass transportation and taxi-
3. The financial responsibility and experience of the ap-
4. The number, kind and type of equipment and the color
scheme to be used.
5. The effect which such additional taxicab service may
have updn traffic congestion and parking.
6. Whether the additional taxicab service will result in
a greater hazard to the public.
7. Such other relevant facts as the City Council may deem
advisable or necessary.
(e) If the City Council of the City of San Luis Obispo shall
determine that the public convenience and necessity shall require ad-
ditional service, it shall then determine the number of taxicab permits
which shall be necessary to furnish such service. It shall not authorize
the issue of such taxicab permits to any applicant until each person
holding a certificate of public convenience and necessity and taxicab
permits issued pursuant thereto for the operation of taxicabs shall have
been notified by the City Council of ite findings as to such additional
taxicab permits as are found to be necessary to fill the existing needs.
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Every person holding certificates of public convenience and necessity
for the operation of,taxicabs shall have the right to increase his taxi-
cab permits in a number proportionate to the additional taxicab permits
found necessary as his total number of taxicab permits bears to the total
number of t.axicab permits which have been issued, and in event any cer-
tificate holder fails, neglects or refuse,Q to increase his services in
the proportion he is entitled to, such proportionate amount shall be
distributed proportionately to such other certificate holders. In event
the existing certificate holders refuse or are unaple to increase their
services in the entire amount permitted, the applicant shall be granted
a certificate of public convenience and necessity and taxicab permits
for such number of vehicles as existing certificate holders will not
take after excercising their proportionate rights to taxicab permits
which any certificate holder refused to take.
�(f) No certificate of public convenience and necessity shall
be issued to any person who shall not have fully complied with all the
requirements of this ordinance necessary to be complied with before the
commencement of operation of the proposed service.
(g) Any holder of certificate of public convenience and
necessity may make application to the City Clerk for such additional tax-
icab permits as he may desire. The City Clerk 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 investi -&-- -,
gat ion as provided in Section (d) above. If, however, protests are filed,
then such taxicab permits shall be granted or denied only in accordance
with the provisions of said Section (d) and Section (e).
(h) Every //owner operating a licensed taxicab or taxicabs
prior to the effective date of this ordinance shall be presumed, in the
absence of any contrary evidence and finding of the Council, to have
established a prima facie evidence of public convenience and necessity
for the licensing of the taxicab or taxicabs actually in operation, and
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the City Council, upon application received by the City Council not
later than fifteen (15) days after the effective date of this ordinance,
shall grant a certificate of public convenience and necessity to such
owner for the operation of taxicabs. Every owner obtaining a certificate
as aforesaid shall be entitled to the number of taxicab permits held by
such owner that were in force on the day prior to the effective date of
the enactment of this ordinance.
(i) All persons holding certificates of public convenience
and necessity shall regularly and daily operate their taxicabs on a 24
hour basis during each day of the license year.
(j) Whenever a certificate holder replaces a taxicab for
which a permit has been issued, he shall file with the City Clerk the
name, type, year of manufacture, serial number, and motor number of the
vehicle abandoned and the vehicle to be placed in use. The City Clerk
shall, as a matter of right, authorize the replacement of such vehicle
under the existing permit.
(k) Any person having a certificate of public convenience
and necessity for the operation of taxicabs shall be authorized by the
City Council of the City of San Luis Obispo to transfer said certificate
of public convenience, taxicab permits and taxicab stands issued pursuaitt
thereto, unless, after a hearing held for said purpose the City Council
of the City of San Luis Obispo shall find that such proposed transferee
is not a person of good moral character or that said transferee does not
possess sufficient financial responsibility to meet the requirements of
a holder of a certificate of public convenience and necessity under this
act. Said hearing shall be held within thirty (30) days after the holderr
of the certificate of public convenience and necessity shall give notice
in writing to the City Clerk of the intended transfer.
SECTION III. SUSPENSION AND REVOCATION OF CERTIFICATE.
The certificate of public convenience and necessity shall be suspended
or revoked by the Council upon the following grounds:
1. The owner willfully fails to operate the vehicles under
permit in accordance with the provisions of this ordinance, Z
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2! The taxicab or taxicabs are operated at a rate of fare
other than that approved by the Council.
3. The company shall abandon its operation of all vehicles
for a period of thirty days. Acts of God, labor disputes and other acts
beyond control of the certificate holder shall not be an abandonment
;within the meaning of this section. o suspension shall be made effective until a hearing has been had before
the City Council at which time the certificate holder may be present
and represented by counsel. The certificate holder shall have not less
than ten days notice by registered mail of said hearing.
SECTION IV. REGISTRATION AND LICENSE.
Every holder of a certificate of public convenience and necessity shall
pay the following registration and license fees to the City of San
Luis Obispo:
The sum of $40.00 semi- annually in advance for each taxicab permit. Said
license shall be issued in the same manner provided by ordinance for
other licenses of the 0ity of San Luis Obispo.
SECTION V. SCHEDULE OF RATES.
1. The rate schedule of every owner operating a licensed
taxicab or taxicabs prior to the effective date of this ordinance and
who, under the provisions of this ordinance, was granted a certificate
of public convenience and necessity and whose rates were, on the ef-
fective date of this ordinance, on file with the Clerk of the City of
San Luis Obispo and approved prior to the effective date of this ordi-
nance by the City Council, are hereby approved.
2. The City Council, upon its own motion or upon application
of a certificate holder, may set, establish, change, modify or amend the
schedule of rates to be charged by all vehicles operated by each holder
of a certificate of public convenience and necessity under the provisions
of this ordinance. No rates shall be set, established, changed, modified
or amended without a hearing before the City Council. Notice of such
hearing shall be given to each certificate holder in-writing byvthe
City Clerk at least five days before said hearing, and the Council may
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give such other notice as it shall. deem necessary .
SECTION VI. TAXICAB SPECIFICATIONS AND EaUIPMEENT.
(a) Every taxicab shall have permanently printed or placed
on each side and rear of such taxicab the name of the owner or the fic-
titious name under which the owner operates, together with the telephone
number of said owner or company. All of such lettering shall be in
letters not less than two and one quarter (2w) inches in height and not
less than five - sixteenths (5 /16) of an inch stroke. In addition thereto$
every taxicab shall have printed or placed upon the exterior of such
taxicab in conspicuous letters of at least three and one -half (32) inches
in height and not less than one -halg (2) inch stroke, of a color in con-
trast 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 eacch
side of
outside rear of taxicab.
(b)
All taxicabs shall
conform
to the color scheme, name,
monogram, or insignia approved by the City Clerk.
(c) It shall be unlawful for any person, firm, or corporation
to. imitate any color scheme, monogram or insignia used by any other holder
of a certificate of public convenience and necessity which has been ap-
proved by the City Clerk of the City of San Luis Obispo.
SECTION VII. MAAINTENANCE.
(a) Before a permit is issued to any owner, the taxicab= or
taxicabSfor which such permit or permits are requested shall be delivered
to a place designated by the City Council for inspection,(and the City
Council for inspection,) and the City Council shall designate agents to
inspect such taxicabs or taxicab, and their equipment, to ascertain
whether such taxicab or taxicabs comply with the provisions of this
ordinance, all cost thereof to be paid by cab owner.
(b) The Chief of Police of the City of San Luis Obispo, or
any member of the .Police Department under his direction shall have the
right, at any time after displaying proper identification, to enPer into
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or upon any certificated taxicab for the purpose of ascertaining whether
or not any of the provisions of this ordinance are being violated.
(c) Any taxicab which is found, after any such inspection,
to be unsafe or in any way unsuitable for taxicab service shall be
immediately ordered out of service, and before again being placed in
service, proof must be furnished to the Chief of Police that it is in a
safe condition,
(d) The interior of every taxicab shall be thoroughly cleaned
at least once in every twenty -four (24) hours.
SECTION VIII. OPERATING REGULATIONS.
(a) Any driver employed to transport passengers to a
definite point shall take the most direct route possible that will carry
his passenger to his destination safely and expeditiously.
(b) No driver of any licensed taxicab shall refuse any person
prompt taxi service in the City of San Luis Obispo at any time while such
taxicab is on the public streets of San Luis Obispo, ready for service,
unless taxicab is already engaged in the carrying of one or more pas-
sengets or is enroute to answer a call for taxicab service; provided
further that nothing in this paragraph shall require any owner or driver
to furnish taxicab service to any person under the influence of intox-
icating liquor or narcotics, to any person who is insane or who is a
known criminal.
(c) Every driver, upon request, shall give a correct receiptt
for the amount of payment received.
(d) No driver of any taxicab shall accept, take into his
vehicle or transport any larger number of passengers than the rates
covering the seating capacity of his vehicle.
(e) It shall be unlawful for any taxicab to remain standing
in any established taxicab stand, unless said cab is' attended by a
driver or operator, except when assisting passengers to load or unload,
or when answering the telephone.
(f) No driver shall carry any passenger other than paying
passengers or persons authorized by or on company business.
(g) Every driver shall at all times display his driver's
permit and picture in a consp�buous place in the taxicab which he is
operating.
(h) Any violation of the provisions of this paragraph shall
be cause for the revocation of the permit of the driver guilty of such
violation.
SECTION IX. TAXICAB DRIVERS AND LICENSE.
(a) It shall ge unlawful for any person to drive or operate
any of the vehicles mentioned in Section I of this ordinance without
first obtaining a permit in writing so to do from the Chief of Police
of the City of San Luis Obispo, or any person designated by him. Permit
issued will entitle the driver to work for only whose name appears on tl-B
permit. A new permit will be required for each subsequent employment,
provided, however, that no application shall be necessary other than a
rad`ification of change of employment.
(b) Applicants for such permits shall file applications
therefor with the Chief of Police. Said application shall contain the.
following information together with a $2.00 application fee and. three
pictures of the applicant:
1. Name, marital status, age, residence, last previous
address, and the length of residence at such last address and in the City
of San Luis Obispo.
2. The names and addresses of two residents of the City
of San Luis Obispo acquainted with the applicant " ;,
persons:
3. Complete finger printing of applicant.
(c) No permit shall be issued to any of the following
1. Any person under the age of twenty -one (21) years;
2. Any person not a citizen of the United States or who
has not lawfully declared his intention to become such;
3. Any person who has been convicted of a felony or a
crime involving moral turpitude;
4. Any person who has been convicted of driving a vehicle
recklessly or while under the influence of intoxicating liquors or
narcotics.
5. Any person not possessing a valid Chauffeur's license
issued by the State of California.
(d) No applicant may obtain a permit to drive or operate any
of the vehicles mentioned in this ordinance unless and until he shall
have been a continuous resident of the County of San Luis Obispo for at
least thirty (30) days immediately preceding the date of said applic-
ation; provided, however, that a temporary permit only may be granted
for a period not to exceed sixty (60) days after which time said license
may be made pe rmanent , if , after investigation, said applicant is found
to be a fit and proper person.
(e) Each applicant for a permit shall be examined by a
person designated by the Chief of Police as to his knowledge of the.pro-
visions of this ordinance and traffic regulations, and if the result of
the examination be unsatisfactory he may be refused a permit.
(f ) The Chki.f of Police may revoke or fefuse to renew an
operator's license if the driver or applicant has since the granting of
his cermit :
1. Been convicted of a felony or a crime involving moral
turpitude; pandering, using, possessing, selling or transporting nar-
cotics; or imparting information for obtaining narcotics;
2. Been convicted'of driving recklessly or while under the
influence of liquors or narcotics;
3. Had his State driver's or chauffeutIB license revoked
or suspended;
4. Had two (2) or more convictions of any of the offenses
set forth in Sections 502, 505, 510 and /or 511 of the Vehicle Code of
the State of California; occurring during any continuous period not
exceeding twelve (12) months.
(g) Any driver whose license has been revoked as afore-
said, stay, within ten days (10) of such revocation, file an wopeal from
such revocation with the Council of the City of San Luis Obispo, and a
hearing shall be held before the Council on sudhrirevocation. If, in
the opinion of the Council, the said revocation is not justified from
the evidence submitted to it at such hearing, the permit shell be /
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reinstated. If, upon said hearing, it shall appear that good cause ex-
ists therefor, the Council shall affirm the action of said Chief of
Police and order the permanent revocation of said permit. The action
of the Council on such a revocation shall be final and conclusive.
Pending,such hearing and reinstatement, it shall be unlawful for such
driver to operate a taxicab within the City of San Luis Obispo.
SECTION X. TAXICAB STANDS.
(a) The City Council of the City of San Luis Obispo shall
by order locate and grant taxicab stands for each certificate holder
as follows:
1. Each certificate holder shall be entitled to one
taxicab stand for every five taxicab permits, or fraction thereof.
2. Before any taxicab stand in a public street is granted,
there shall be on file a written
the ground floor of any building
to be located, or if there is no
by the owner or lessee of such b
in front of any building, by the
or lessee of the lot in front of
be located,
consent thereto of all occupants of
in front of which such taxicab stand is
such occupant, by written consent thereto
wilding,, If such proposed stand is not
written consent thereto of the owner
which such taxicab stand is proposed to
(b) Taxicab stands granted by the Council shall remain in
effect until revoked by the City Council or by the withdrawal of the
consent of the property owner required as heretofore provided.
(c) No stand shall be longer than twenty -two (22) feet.
Upon the granting of the permit under this ordinance every taxicab stand
as designed by the Council, shall be designated by yellow paint or other
yellow material, upon the entire curb surface with the words, "TAXICAB
ONLY" in red letters thereon.
(d) It shall be unlawful for the owndr or driver of any
taxicab to park the same at any other location in the City of San Luis
Obispo than at the stand designated by the Council of the City of San
Luis Obispo at the time the permit for operation of said taxicab was
granted to the same person, firm or corporation. Said stands may
used interchangeably by any of the licensed taxicabs owned by said
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person, firm or corporation.
(e) No taxicab stand shall be changed from the location
designated by the City Council ,at the time of the granting of the stand
except by order duly adopted by theZC.ouncil upon application in writing
duly filed with the City Clerk setting forth the proposed new locations
accompanied by the written consentthereto of the property owner as
heretofore provided.
SECTION XI.
The motor vehicle liability policy required by 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 Twenty -five Thousand Dollars
($25,000) exclusive of interest and costs, on account of injury to, or
death of any one person; of Fifty Thousand Dollars ($50,000) 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($5,00)))
for damage to property of others resulting from any one accident..
Said motor vehicle liability policy shall inuTeeto the benefit
of any and all persons suffering loss or damage either to person or
property, as herein provided, and the liability of the insurance carrier
shall be in no manner abrogated or abated by the death of the tort feasor
and /or the owner.
Every certificate required under the provisions of Section
2 of this ordinance shall certify that the motor vehicle liability
policy or policies therein.cited shall not be cancelled except upon
ten (10) days' prior written notice thereof to the City Council. Said
motor vehicle liability insurance shall be a continuing liability up
to the full amount thereof, notwithstanding any recovery thereon, and
said certificates thereof shall so certify. All motor vehicle liab-
ility policies and all certificates thereof shall be subject to-the
approval of the City Attorney in any and all matters and if at any time,
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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 XII. VIOLATIONS.
Any person violating any of the provisions of this ordinance shall be
guilty of a misdemeanor and upon conviction thereof shall be punishable
by fine of not more than Five Hundred Dollars ($500.00) or by imprison-
ment in the County Jail of-the County of San Luis Obispo for a period of
not more than six months or by both fine and such imprisonment and upon
conviction the permit issued to such person, firm or corporation shall
be revoked.
SECTION XIII. PENALTY FOR REFUSAL TO PAY FARE.
Except where credit is intended, any person who shall fail or refuse to
pay at the end of the trip or the termination or discharge of service,
the regular fare for the public passenger vehicle for hire that he has
hired, shall be guilty of a misddmeanoxi, and upon conviction thereof,
in addition to the penalty provided for in Section XII shall be compelled
to pay to the driver of said vehicle an(, amount equal to the legal fare
and in case any bail required is forfeited, the amount of the legal fare
shall be -oaid to the driver from such amount forfeited, and the Court or
Judge before whom the case is heard shall order the same to be paid
from the Treasury of the City of San Luis Obispo.
SECTION XIV. CONFLICTING ORDINANCES
Ordinance No. 231 (New Series), and all other ordinances or parts of
ordinances in conflict with the provisions of this ordinances are
hereby repealed.
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SECTION XV. VALIDITY.
If any section, subsection, sentence, clause,,phrase, or
portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any Court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of this ordinance. The Council of this City hereby declares that it
would have adopted this ordinance and each section, subsection, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional,
SECTION XVI. EFFECTIVE DATE
This ordinance, together with the Ayes and Noes, shall be
published, for two days before its final passage in the Telegram— Tribune,
daily newspaper printed, published and circulated in said City and shall
take eff edt and be in force thirty days after its final passage and
approval,
INTRODUCED AND PASSED TO PRINT this 19th day of November,
1951, by the following vote:
AYES; D.M.Carpenter, Pay ?1 W.Davis,Fred Lucksinger,
Timothy I.O'Reilly,. Frank.V.Woo.ds
NOES: None
ATT
y Clerk.
ABSENT: None
M"dxl.
—1�+—
Mayor
FINALLY PASSED this -rd day of December. 1951
upon the following roll call vote:
AvF;S: D.M. Carpenter, Paul W.Davis,Fred Lucksinger, Timothy I.O'Reill ,
Frank V.Woods
NOES None
ARSFNT: None
ATT
c1 e rk
May r