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HomeMy WebLinkAboutO-1675 amending Municipal Code Title 5.20 (Taxicabs)ORDINANCE NO. 1675 (2020 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 5.20 REGARDING TAXICABS WHEREAS, the California Legislature issued an update to California Government Code 53075.5 pertaining to taxicab transportation service, driver's permit, drug testing, local ordinances, and regulations; and WHEREAS, the update to the California Government Code 533075.5 went into effect on January 1, 2019; and WHEREAS, the City of San Luis Obispo amends its Municipal Code Title 5.20 pertaining to taxicabs to comply with California Government Code 53075.5's legislative update. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 5.20.200 of the San Luis Obispo Municipal Code, entitled Operating regulations, is hereby amended to read as follows: 5.20.200 Operating regulations A. A permitted taxicab company shall comply with the requirements set forth in Government Code Section 53075.5(h)(l-9) B. (1) It shall be unlawful to operate a taxicab without a valid permit to operate issued by the City of San Luis Obispo where the taxicab company is substantially located within the City of San Luis Obispo. (2) The minimum fine for violation of paragraph (1) shall be five thousand dollars ($5,000) and may be imposed administratively by the City of San Luis Obispo. C. Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry his or her passenger to his or her destination safely and expeditiously. D. No driver of any licensed taxicab shall prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical disability, medical condition, occupation, marital status or change in marital status, sex or any characteristic listed or defined in Government Code Section 11135. 0 1675 Ordinance No. 1675 (2020 Series) Page 2 E. No driver of any licensed taxicab shall refuse any person prompt taxi service in the city at any time while such taxicab is on the public streets ready for service, unless taxicab is already engaged in the carrying of one or more passengers or is en route to answer a call for taxicab service; provided further, that nothing in this subsection shall require any owner or driver to furnish taxicab service to any person under the influence of intoxicating liquor or narcotics, or to any person who is insane or who is a known criminal. F. Every driver, upon request, shall give a correct receipt for the amount of payment received. G. No driver of any taxicab shall accept, take into his or her vehicle or transport any larger number of passengers than the rates covering the seating capacity of his or her vehicle. H. No driver shall permit any taxicab to remain standing in any established taxicab stand, unless the cab is attended by a driver or operator, except when assisting passengers to load or unload, or when answering the telephone. I. No driver shall carry any passenger other than paying passengers or persons authorized by or on company business. J. Every driver shall at all times display his or her driver's permit and picture in a conspicuous place in the taxicab which he or she is operating. K. Any violation of the provisions of this section shall be cause for the revocation of the permit of the driver guilty of such violation. (Prior code § 6240.18) SECTION 2. Section 5.20.250 of the San Luis Obispo Municipal Code, entitled Return of driver's permit upon termination of employment, is hereby amended to read as follows: 5.20.250 Return of driver's permit upon termination of employment. The employer shall notify the chief of police of the driver's termination of employment with the listed employer and shall return the driver's permit to the chief of police. The driver's permit shall become null and void upon the driver's termination of employment. (Ord. 1298 § 1, 1996) SECTION 3. Section 5.20.280 of the San Luis Obispo Municipal Code, entitled Taximeter -Required, is hereby amended to read as follows: 0 1675 J Ordinance No. I 675 (2020 Series) Page 3 5.20.280 Taximeter -Required All taxicabs operated under the authority of this chapter shall, within thirty days after written notice by the city, be equipped with meters fastened in front of the passengers, visible to them at all times of the day or night; and after sundown the face of the meter shall be illuminated, the accuracy of meters to be installed shall be tested, approved and sealed by the county department of weights and measures at all points and connections which, if manipulated, would affect their correct reading and recording. The taxi company may use any type of device or technology reviewed by the Division of Measurement Standards to calculate fares, including using Global Positioning System metering, provided that the device or technology complies with Business and Professions Code Section 12500.5 and with regulations established pursuant to Business and Professions Code Section 12107. Each meter shall have a flag or approved device to denote when the vehicle is employed and when it is not employed and it shall be the duty of the driver to throw the flag or device into a recording position when employed and into a nonrecording position at the termination of each trip. The meter shall be subject to inspection from time to time and upon discovery of any inaccuracies therein, the taxi shall be kept off the highway until the meter is repaired or replaced. (Prior code§ 6240.28) SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. 0 1675 ) Ordinance No. 1675 (2020 Series) Page4 SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, 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. INTRODUCED on the 21st day of January 2020, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 4th day of February 2020, on the following vote: AYES: NOES: ABSENT: ATTEST: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon None None Mayor Q~~' City Clerk stine Dietrick ty Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this \ ~ day of \=":ekruw,/ , 2020. I~ Teresa Purrington City Clerk 01675