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HomeMy WebLinkAboutORD NO 3189ORDINANCE NO. 3189 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 5.50.010, SUB- SECTION A. OF SECTION 5.50.080, SECTION 5.50.190, SUBSECTIONS A. AND E. OF SECTION 5.50.290, SUBSECTION A. OF SECTION 5.50.310 AND SUBSECTION E. OF SECTION 5.50.320; AND REPEALING SECTION 5.50.230 AND SUBSECTION B. OF SECTION 5.50.250 OF THE BAKERSFIELD MUNI- PAL CODE RELATING TO CHAUFFEURED LIMOUSINE SERVICE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.50.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.50.010 Definitions. For the purpose of this chapter the following terms shall be deemed and construed to have the meanings respectively ascribed. to them in this section, unless from the particular context it clearly appears that some other meaning is intended. A. "Carrier" means and includes every person, corporation, partnership, joint venture or other form of business organization, their lessees, receivers or trustees, engaged in operating, for hire taxicabs as defined in subsection C. of this section. B. "Driver" means and includes every person driving, operating, or in charge of any vehicle as defined by this section as a taxicab. C. "Taxicab" means and includes every vehicle used for the transportation of passengers over the streets of the city, but not over defined routes, at rates for distance traveled, or for waiting time, or for both, the charge to patrons being determined and indicated by the mechanical calculation of a taximeter as defined in subsection D. of this section. D. "Taximeter" means and includes a mechanical instrument, or device, by which the charge for hire of a taxicab is mechanically calculated, either for distance traveled, or for waiting time, or both, and upon which such charge is plainly registered by means of figures, indicating dollars and cents. E. "Taxistand" means a place on a public street designated by the city manager for the use, while awaiting employment, of any vehicle covered by this chapter. SECTION 2. Subsection A. of Section 5.50.080 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.50.080 Liability insurance. A. It is unlawful for any owner to drive or operate or cause or permit to be driven or operated any taxicab referred to in this chapter in the city, until such owner has furnished the city a good and sufficient policy of insurance securing the owner, as defined in this section, and any other person using or respon- sible for the use of any such vehicle, with the consent, express or implied, of the owner, against loss from the liability imposed upon the 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 such motor vehicle to the amount or limits as provided in Section 16500 of the Vehicle Code of the state for public liability and property damage resulting from accidents. SECTION 3. Section 5.50.190 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.50.190 Cruising or stopping to solict passengers-Loading. It is unlawful for any driver of a taxicab while driving such vehicle to cruise, loiter to stop on a public street for the purpose of soliciting passengers or seeking a place in a taxistand which is already occupied. It is lawful, however, for such vehicle while proceeding to a regularly assigned taxistand, regularly established call station or to the carrier's principal place of business to accept employment when hailed from the street or curb; provided, that it is unlawful for such driver to accept passengers at any of the following places: A. In any marked or unmarked crosswalk; B. Any any regularly established bus stop; C. At any place in a street except alongside a curb; D. Alongside any curb opposite to a regularly established and marked traffic safety zone. -2- SECTION 4. Subsection A. and E. of Section 5.50.290 of the Bakersfield Municipal Code are hereby amended to read as follows: 5.50.290 Driver's permit - Application - Fee - Age restrictions- Expiration - Renewal - Change of carrier - Duplicates. A. It is unlawful for any person to drive, operate or be in charge of, any taxicab governed or affected by this chapter, without having first obtained a driver's permit, issued pursuant to this chapter to do so. E. As soon as possible after the issuance of a driver's permit, the chief of police shall make such further investigation of the character and fitness of the applicant as he deems necessary. After the completion of such further investigation, if he is satisfied that the operation by the applicant of a vehicle authorized to be operated under the terms of this chapter will be detrimental to the public health, peace, safety or welfare, or that the holder of such driver's permit is unfit to hold the same, he shall revoke such driver's permit as provided in Section 5.50.300. SECTION 5. Subsection A. of Section 5.50.310 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.50.310 Uniform and cap - General appearance. A. It is unlawful for any driver to operate or be in charge of any taxicab governed or affected by this chapter without wearing a distinctive cap and cap insignia; and it is unlawful for such driver to fail to at all times while operating or in charge of such vehicle, to have in his immediate possession the driver's permit required by this chapter to be secured from the chief of police. It is also unlawful for any driver operating or in charge of, any vehicle governed or affected by this chapter to use for the purpose of operating such vehicle a driver's permit issued to another person. SECTION 6. Subsection E. of Section 5.50.320 of the Bakersfield Municipal Code is hereby amended to read as follows: -3- 5.50.320 Taxistands - Permit - Standing restrictions. E. It is unlawful for any vehicle to occupy any regularly established taxistand unless such vehicle is one being operated by the carrier to which such taxistand has been assigned as provided in this section. SECTION 7. Section 5.50.230 of the Bakersfield Municipal Code is hereby repealed. SECTION 8. Subsection B. of Section 5.50.250 of the Bakersfield Municipal Code is hereby repealed. SECTION 9. This ordinance shall be posted in accordance with the City Charter provisions and shall be come effective thirty (30) days from and after the date of its passage. .......... o0o .......... -4- I 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 November 30, 1988 , by the following vote: AYES: COUNCILMEMBERS: CHILDS, DeUOND, SMTTH, '1~ ~ET~SO~, 111~L~Rt~I~¥F.~ALVAGGIO NOES: COUNCILMEMF3ERS ~.None ASSENT COUNCIL~/E~,~ERS Rat~, McDmrm~ ~ ~STAINING: COUNCILMEMBERS: Non~ ..... CITY CLERK and Ex Officio Clerk of th~ Council of the City of Bakersfield APPROVED November 30, 1988 MAYQR of the City of ~akersfield APPROVED as to form: Cl~Y A~TOR~of/he Cit~; of Bakersfield AJS/meg/lg ./ OORD 4 LIMO.1 10/31/88 -5- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, 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 1st day of December , 19 88 she posted on the Bulletin Board at City Hall, a full, true and correct copy of t~e following: Ordinance No. 3189 , passed by the Bakersfield City Council at a meeting held on the 30th day of November , 192{8 , and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 5.50.010, SUBSECTION A. OF SECTION 5.50.080, SECTION 5.50.190, SUBSECTIONS A. AND E. OF SECTION 5.50.290, SUBSECTION A. OF SECTION 5.50.310 AND SUBSECTION E. OF SECTION 5.50.320: AND REPEALING SECTION 5.50.230 AND SUBSECTION B. OF SECTION 5.50.250 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CHAUFFEURED LIMOUSINE SERVICE. CAROL WILLIAMS CITY CLERK of the City of Bakersfiel~ By: DEPUTY City Clerk NSAOPD