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HomeMy WebLinkAbout1524ORDINANCE NO. 1524 (2009 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING 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 March 17, 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5.20 (Taxicabs) of Title 5 (Licenses, Permits, and Regulations) of the San Luis Obispo Municipal Code are hereby repealed.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; B. The adequacy of existing mass transportation and taxicab service; C. The financial responsibility and experience of the applicant; 01524 Ordinance No. 1524 (2009 Series) Page 2 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 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. Ordinance No. 1524 (2009 Series) Page 3 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 5.20.010 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 a 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 application shall contain the following information together with two photographs 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; Ordinance No. 1524 (2009 Series) Page 4 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, or during the processing of said 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; Ordinance No. 1524 (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 17th day of March 2009, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7th day of April 2009, on the following vote: AYES: Council Members Ashbaugh and Marx, Vice Mayor Settle, and Mayor Romero NOES None: ABSENT: Council Member Carter Mayor David F. Romero ATTEST: Audrey Ho er City Clerk APPROVED AS TO FORM: JonAba_4X Lowell City Attorney l "t'ibret-y certify that this document is a true arid accurate copy of Ordinance No. �,y , and that the ordinance was published pursuant to Charter Section 602. Date City Clerk