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Regulations) of the San Luis Obispo Municipal Code are hereby repealed.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;
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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;
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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