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HomeMy WebLinkAboutORD NO 4952ORDINANCE NO. 4 9 5 2 AN ORDINANCE REPEALING AND REPLACING CHAPTER 5.50 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TAXIS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.50 of the Bakersfield Municipal Code is hereby repealed in its entirety and replaced with the following: 5.50.010 Purpose and Intent. 5.50.020 Definitions. 5.50.030 State Law: Taxi Transportation Services. 5.50.040 Permit Requirement. 5.50.050 Application. 5.50.060 Permit Renewal. 5.50.070 Fares. 5.50.080 General Appearance. 5.50.090 Revocation of Taxi Permit. 5.50.100 Notice and Hearing of Revocation. 5.50.110 Taxistand Permit, Application and Requirements. 5.50.010 Purpose and Intent This chapter is to further the public convenience and necessity of transportation services by taxis and is enacted pursuant to the laws of the State of California and the City of Bakersfield. 5.50.020 Definitions. For purposes of this chapter, certain words and phrases are defined and shall be construed as set forth herein unless it is apparent from the context that a different meaning is intended. A. "City" shall mean the City of Bakersfield. Page 1 of 9 Pages o 0AKF9 T � o ORIGINAL B. "Taxi" shall mean any person, corporation, partnership, joint venture or other form of business organization, their lessees, receivers or trustees, engaged in operating at least one vehicle for the transportation of passengers over the streets of the City in exchange for a fare or fee. Taxi does not include Transportation Network Companies, as defined under the California Public Utilities Commission. C. "Substantially located" shall mean a city or county where a taxi meets either of the following: 1. Has its primary business address within that city's or county's jurisdiction; or 2. Where the total number of trips (prearranged and non -prearranged) that originate within that city's or county's jurisdiction account for the largest share of a taxi's total number of trips over the previous calendar year, as determined by trip sheets submitted by the applicant to the Chief of Police or designee. D. "Substantially located/Trip sheets" shall mean the documentation required to prove substantially located as that term is defined above. E. "Taximeter" shall mean any instrument or device approved for use under the applicable laws of the State, which mechanically or electronically calculates the charge for the use of a taxi. The taximeter registers such charge by means of figures, including dollars and cents, calculated by an initial charge and thereafter a charge for distance traveled and/or waiting time. F. "Taxistand" shall mean a place on a public street designated by the City Manager or designee for the use of a taxi covered by this chapter. 5.50.030 State Law: Taxi Transportation Services. A taxi must comply with all the provisions of Government Code Section 53075.5 and as may be amended or renumbered from time to time. 5.50.040 Permit Requirement. A. A taxi substantially located in City shall obtain a taxi permit from the City. B. A taxi substantially located and permitted by another city or county may operate in the City. The Chief of Police or designee may verify such 9PKe, Page 2 of 9 Pages of TI > m v o ORIGINAL information by asking to view said taxi permit. C. A taxi substantially located outside the City shall obtain prior written approval by the Chief of Police or designee in order to use City's taxistands and to accept street hails. 5.50.050 Application. Every applicant for a taxi permit from the City shall execute and file with the Chief of Police or designee a verified application containing the following information: A. The applicant's name, age, home address and past experience providing taxi services; B. Proof of a valid California driver's license; C. Proof of insurance that meets the approval of City's Risk Manager; D. Whether any taxi related license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public organization. The circumstances of said denial, revocation or suspension shall be fully explained; E. Whether the applicant has been convicted of a misdemeanor or felony related to their driving record within five years prior to the date of the application, including the nature of the conviction(s); A fingerprint -based criminal history check; G. A substance and alcohol test. If an applicant receives a positive substance or alcohol test result, he or she may not resubmit an application for a taxi permit for a period of two years from the date of City's denial of the application; H. The business address of the taxi the applicant is working for, for purposes of determining where the taxi substantially located; I. If applicable, trip sheets verifying that the taxi is substantially located within the City; J. Proof that the vehicle used as a taxi is certified by the National Institute for Automotive Service Excellence or a facility registered with the Bureau of Automotive Repair; Page 3 of 9 Pages o ePKFq� > m C ORIGINAL. K. The taxi's trade name and distinguishing vehicle markings, color or colors. All color schemes and changes in color schemes shall be approved by the Chief of Police or designee prior to a taxi conducting business under this chapter; L. Payment to the City of a processing fee. 5.50.060 Permit Renewal. A taxi permit shall be renewed annually beginning with the first anniversary date after the permit was issued by the Chief of Police or designee. The renewal procedure will encompass reviewing and updating the applicant's permit application information including trip sheets cif applicable) from the previous year and will be subject to a fee. 5.50.070 Fares. A. Taxis may set their rates and fares or use flat rate pricing. Taxis shall post the schedule of rates and fares on the vehicle in a place approved by the Chief of Police or designee. B. Rates and fares may also be provided by telephone on request, as well as posted on the taxi's Internet Web site and mobile telephone application. C. The taxi shall notify the passenger of the applicable rate prior to the passenger accepting any type of ride, including walkup rides and street hails. D. If a taxi decides to set their fares by the mile, such taxi is required to install a taximeter of a design which has been approved by the Chief of Police or designee. It shall be the duty of the taxi to keep such meter operating at all times within such standard of accuracy as may be prescribed from time to time by the Chief of Police or designee. 1. The taximeter shall be placed in each taxi so that the reading dial showing the amount to be charged is well lit and easily visible to any passenger riding in the taxi; 2. Every taximeter used in the operation of taxis shall be subject to inspection at any time by the Chief of Police or designee. Upon discovery of any inaccuracy of a taximeter, the operator shall remove the vehicle until the taximeter has been repaired and accurately adjusted; Page 4 of 9 Pages 0PKtq 0 > m O O ORIGINAL Every taximeter shall be inspected, tested and affixed with a label for accuracy for the current year by "Kern County Weights and Measures" at the taxi's expense. Every taxi shall provide a copy of the taximeter inspection sheet to be placed in the taxi's file, and a copy must be retained in the vehicle for the City to inspect at any time. The date on which such inspection was made shall be stamped in the blank space on the label provided for that purpose. No labels showing taximeter compliance shall be removed from the vehicle except at the time a subsequent inspection is made; 4. It is unlawful for any taxi, while carrying passengers, to display the flag attached to the taximeter in such a position as to denote the taxi is unemployed, or to fail to throw the flag of the taximeter to a position indicating the taxi is unemployed at the termination of each and every service; 5. At all times while the taxi is engaged, the flag of the taximeter shall be thrown into a position to register charges for mileage, or into a position to register charges for waiting time. No taximeter shall be used whose mechanism will register a combined charge for mileage and waiting time in any single position, and no taximeter shall be so operated as to cause any charge to be registered thereon except during the time while a passenger, or passengers engage the taxi. E. If a taxi decides to set their fares by charging a flat rate, then the taxi may use any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code. 5.50.080 General Appearance. Taxi drivers shall keep themselves physically clean and neat at all times while operating in the City. 5.50.090 Revocation of Taxi Permit. The Chief of Police or designee and the City Manager or designee on appeal, shall have the power to revoke a taxi permit issued under this chapter for any of the following reasons: Page 5 of 9 Pages o�,NK69s ORIGINAL A. Suspension, revocation or expiration of the taxi driver's license; B. The violation by the taxi driver of any of the terms, conditions or requirements of the taxi permit under this chapter; C. Any act or omission of the taxi driver or any fact or condition which, if it existed at the time the application for a taxi permit was filed, would have warranted the denial of the application; D. Failure of the taxi driver's payment of any judgment against them for personal injury or death, or property damage arising out of their operation of a public transportation vehicle, within thirty (30) days after the judgment has become final; E. The taxi driver is under the influence of drugs or alcohol while operating a taxi or is convicted of a crime relating to drugs or alcohol; F. Failure of the taxi driver to pay when due any applicable taxes imposed by the City; G. Any other grounds stated in this chapter. 5.50.100 Notice and Hearing for Revocation. Revocations shall be administered as follows: A. Whenever the Chief of Police or designee has reasonable cause to believe that grounds for the revocation of a permit exists, the Chief of Police or designee shall give the taxi driver written notice stating the alleged grounds and the effective date of the revocation. This notice will be by certified mail, return receipt requested, sent to the address shown on the application or by personal service. The decision of the Chief of Police or designee to revoke a taxi permit may be appealed to the City Manager or designee. The notice shall provide the taxi driver with information on the appeal process; B. The taxi driver must submit a written request for an appeal hearing to the City Manager or designee within ten days of receiving the written notice; C. Upon receipt of a request for an appeal hearing, the City Manager, or designee, shall conduct a hearing within a reasonable timeframe. The City Manager or designee, shall notify the taxi driver in writing of the date, time, and place of the hearing; Page 6 of 9 Pages 0 0AKF9 s r v � ORIGINAL D. The revocation shall be stayed pending the outcome of the appeal hearing; E. At the hearing, both the taxi driver and the Chief of Police or designee shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the appeal, as stated in the written grounds for the appeal hearing. Within ten working days of the conclusion of the hearing, the City Manager or designee shall issue a written decision which states whether the decision of the Chief of Police or designee is upheld, modified, or reversed; the length and effective date of the revocation. The decision of the City Manager or designee shall be served on the taxi driver by certified mail, return receipt requested, or by personal service; The decision of the City Manager or designee shall be final; G. Upon a written decision of the City Manager or designee which revokes a taxi permit, the taxi permit shall be surrendered to the Chief of Police or designee immediately after service of the notice of the decision. 5.50.110 Taxistand Permit, Application and Requirements. A. Any person holding a taxi permit, regardless if permitted in the City, and who desires to apply for a taxistand permit, shall do so only upon applying and obtaining written permission directly from the Chief of Police or designee. B. The taxistand application shall be accompanied by the written consent of the occupant of the first floor of any building of that property in front of which it is desired to establish such vehicle stand, or if the building is a hotel, the written consent of the manager, or if there is no building on the premises or if there is a building and the first floor is not occupied, then the written consent of the owner, agent or lessee of such building or premises. In the event that the occupant, manager, owner, agent or lessee refuses, fails or neglects to grant consent, the Chief of Police or designee shall set a time of hearing within a reasonable time from when the application was filed. Each person qualified to make or offer a formal objection shall be notified in writing not less than five days prior to such hearing, so he or she is given an opportunity to be heard. Notwithstanding the response by the occupant, manager, owner, agent or lessee, the Chief of Police or designee shall have the right to grant or deny any taxistand application, and may issue or refuse to issue such permit. Page 7 of 9 Pages gPKg o`` 9s > m ro v ORIGINAL C. At the time of applying for a taxistand permit, the applicant shall verify, under oath, that he or she has not, nor has anyone on their behalf been paid, or promised to pay, or offered to pay, nor agreed to pay, deliver or give anything of value for obtaining the consent or endorsement by the occupant or person required to given such consent to the granting of a permit to occupy any stand upon the streets as required in subsection (B) of this section, and for the violation of subsection (B) of this section, such person shall be deemed guilty of a misdemeanor. D. All taxistand permits shall contain a provision that they are subject to revocation by the Chief of Police or designee at any time. E. It is unlawful for any taxi to occupy any regularly established taxistand unless such taxi has been assigned that specific taxistand. F. It is unlawful for a taxi to remain in any taxistand unattended for a period of time longer than ten minutes. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -------- 000 --------- gPKF9 Page 8 of 9 Pages o`` T m U O ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 7 R 71118 , by the following vote: ✓ ✓ ✓ ✓ ✓ AYE COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, BREEMAN, SULLPo N, PARLIER NOES: COUNCILMEMBER. COUNCILMEMBER: A& ENT' COUNCILMEMBER: �aa man, S'%Ikvo,n qt "liko J IE DRIMAKIS, Assistant City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOV 2 81818 By: t>i KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorgey By. I VIRIDIA ALLARDO-KING Associate City Attorney VGK:pd Page 9 of 9 Pages oteAKF9 v 0 ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) JULIE DRIMAKIS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield, and that on the 30th day of November. 2018 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4952, passed by the Bakersfield City Council at a meeting held on the 28th day of November. 2018 and entitled: AN ORDINANCE REPEALING AND REPLACING CHAPTER 5.50 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TAXIS. JULIE DRIMAKIS, CMC Acting City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEP City CI rk S'.\DOCUMENT ORMVAOP.ORD .nd