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HomeMy WebLinkAboutORD NO 4215 4 15 ORDINANCE NO. AN ORDINANCE OF THE CITY TO BAKERSFIELD A AMENDING CHAPTER 5.50 SECTIONS 5.50.020, 5.50.030, 5.50.040, 5.50.050, 5.50.060, 5.50.170 AND 5.50.320 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO TAXICABS. 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 amended to read as follows: 5.50.020 Permit - Required - Exceptions. A. Except as provided herein, no person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated, any vehicle covered by this chapter over any street of the city for the purpose of transporting a passenger, or passengers, for compensation, regardless of whether such operation extends beyond the boundary limits of the city, without a permit first obtained from the chief of police authorizing such operation. Said permit shall be in the immediate possession of every taxicab driver while operating a taxicab and shall be visible to all passengers within a taxicab. Exceptions to this section are as follows: 1. A vehicle which is lawfully transporting a passenger or passengers from a point outside Bakersfield city limits, to a destination within city limits, or is en route through this city to a destination outside the city; provided that no such vehicle shall, without such permit, solicit or accept a passenger, or passengers, from within Bakersfield city limits for transportation to any destination whatsoever; 2. A vehicle being operated pursuant to a franchise issued by the city, pursuant to authority of the Public Utilities Commission of the state, or pursuant to regulations of the Interstate Commerce Commission, unless authorized by law; 3. A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institutions. 5.50.030 Permit - Petition - Requirements - Investigation and issuance. A. Any person desiring a permit to operate vehicles covered by this chapter shall file a petition with the chief of police. Such petition shall be verified by oath of the applicant, if a natural person; or by oath of an officer or partner of the applicant, if the applicant is a corporation, partnership, association or unincorporated company, and which petition shall set forth the name, age and address of the petitioner, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of Page I of 6 Pages ORfGINAL business and the names of all its officers together with their respective addresses; or if a partnership association or unincorporated company, then the names of the partners comprising the partnership, association or company, together with their respective ages and addresses. The petition shall also state the trade name or style, if any, under which the applicant proposes to operate, full information pertaining to the extent, character and quality of the proposed operations and the manner in which such proposed operations are to be conducted, the type, model, capacity and condition of the vehicles proposed to be operated, a full statement of the petitioner's assets and liabilities, and such other additional information as the chief of police may require. B. The chief of police shall, upon receipt of such petition, make full and complete inquiry into the facts set forth therein and shall either grant or deny the permit. Such permit shall be for a specified number of vehicles which shall only be increased by authority of the chief of police. Such permit may, at the pleasure of the chief of police, be for a prescribed period or for an indefinite period; provided, that in either event, the permit shall contain a clause authorizing its revocation, or suspension, in accordance with the ordinances of the city either in effect at the date of granting the permit or thereafter adopted. When issued, such permit shall constitute evidence of compliance with the terms of this chapter and shall authorize the permittee to operate vehicles under the conditions therein specified; subject, however, to the requirements, obligations and limitations imposed by other applicable law, ordinances and orders of the chief of police, and shall become effective only upon payment of the fees required by the provisions of the license ordinance of the city (Chapter 5.02). 5.50.040 Permit - Additional or substitute. A. Any person holding a permit to operate one or more vehicles covered by this chapter, or who desires to add to the number of taxistands to be occupied, shall do so only upon obtaining from the chief of police permission, which shall be granted only upon application made in the same manner and under the same proceedings as are required in this chapter for obtaining the original permit. B. Any owner holding a permit to operate one or more vehicles covered by this chapter, who desires to substitute a different vehicle for a vehicle operating under such permit shall do so only upon obtaining from the chief of police permission therefore, which shall be granted only upon the written application setting forth the particulars of such proposed substitution, and upon otherwise complying with the requirements of this chapter. The chief of police shall have the same authority in granting or denying such application for permission to add or substitute as is vested in him in this chapter in the matter of original applications, and the applicant shall have the same right for review of such decision as set out in this chapter. 5.50.050 Permit - Revocation, suspension and cancellation - Notice - Hearing. A. The chief of police shall have the power to suspend any carrier permit for a period of time not longer than five days, or to revoke any or all of the carrier permits granted under the provisions of this chapter when he has determined that any of the provisions of this chapter have been violated, or that any holder of such a permit has failed to comply with the terms of such permit or the rules and regulations of the chief of police pertaining to the operation, and to the extent, character and quality of the service, of any ., Page 2 of 6 Pages ORIGINAt. such vehicles. Before revocation of such permit the carrier shall be entitled to a hearing before the chief of police, and shall be notified. B. Notice of hearing on such revocation, shall be in writing and served upon the holder of such permit, or its manager, or agent, which notice shall state the grounds of complaint against the holder of such permit and shall also state the time when, and the place where, such hearing will be held; the hearing shall in no event be later than give days from the date of such notice. In the event the holder of such permit cannot be found, or service of such notice cannot be made upon it, or him, in the manner provided in this chapter, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such carder at his or its last known address. $.50.050 Permit- Appeal hearing. A. Should any applicant or applicants be dissatisfied with the decision of the chief of police not to grant a permit or for the revocation of a permit, then such applicant may make written objection to the city manager setting forth the grounds for dissatisfaction, whereupon the city manager shall hear such objections at a hearing, giving written notice thereof to such applicant, and upon such hearing may sustain, suspend or overrule the decision of the chief of police, which such decision shall be final and conclusive. B. Pending the hearing before the city manager, the decision of the chief of police shall remain in full force and effect and any reversal by the city manager, shall not be retroactive but shall take effect as of the date of the city manager's decision. 5.50.170 Route - Passenger limit in taxicabs. A. Every driver of a taxicab who is engaged to carry passengers shall take the most direct route possible that will carry the passengers safely and expeditiously to their destinations, unless otherwise directed by such passengers. B. When a taxicab is engaged, the person or persons engaging such taxicab shall have the exclusive right to the full and complete use of the taxicab and it is unlawful for the carrier or driver of such taxicab to solicit or carry additional passengers therein; it is unlawful for the carrier or driver of the taxicab to permit any person other than the carrier or driver or a paying passenger, to occupy a taxicab whether such taxicab is waiting employment in a regular designated stand or in motion upon the public streets; provided, however, that where the chief of police finds that public necessity requires the grouping of passengers in such taxicabs, the chief of police may issue a special written permit, which permit shall specifically set forth the rules and regulations under which such passenger grouping is permitted. It is unlawful for any driver or carrier to operate, or permit to be operated, any taxicab in violation of any of the rules and regulations set forth in such special permits. C. The number of passengers which may be carried in any vehicle covered by this chapter shall be limited to the seating capacity of such vehicle as specified by the manufacturer. No person shall be carried in such vehicle who is required to share in any way the seating space occupied by another, nor shall any person be carried who is required to occupy any space in or on such vehicle which does not provide a seat. Page 3 of 6 Pages ~RIGiNA~:~ 5.50.320 Taxistands - Permit - Standing restrictions. A. It is unlawful for any carrier, or driver of any vehicle operated pursuant to the terms of this chapter, to stand, or permit to stand, any such vehicle at any place upon any portion of the streets of the city, other than at a certain place designated by the chief of police and assigned to the carrier operating such vehicle. B. Permits may be issued by the chief of police to carriers operating pursuant to the terms of this chapter allowing the vehicles of such carriers, while awaiting employment, to stand at certain designated places upon the streets of the city; provided, however, that no such permit shall be granted except upon the written application of the carrier desiring such stand, filed with the chief of police, stating the proposed location of such stand~ The 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 any such building is a hotel, the written consent of the manager of such hotel, or if there is no building on the premises in front of which it is desired that such vehicle shall stand, 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 mentioned above in this subsection refuses, fails or neglects to grant consent to the establishing of a taxistand at the location proposed, the chief of police shall set a time of hearing on such application, which shall be not less than ten days nor more than thirty days from the time of filing such application, and each and every person qualified under these provisions to make or offer a formal objection to establishing such taxistand at the location proposed shall be notified in writing not less than five days prior to such hearing, at which time he shall be given an opportunity to be heard. Notwithstanding the failure or refusal of the occupant, manager, owner, agent or lessee as mentioned in this subsection to grant consent to the establishing of a taxistand in front of the building or premises as proposed, or any formal objection offered thereto, the chief of police shall have the right to grant or deny any application for a taxistand, and may issue or effuse to issue such permit. C. At the time of making application for a permit as provided for in this section, the applicant shall verify, under oath, that he has not, nor has anyone for him or on his behalf 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 give 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 quality of a misdemeanor. D. All permits for taxistands so issued shall contain a provision to the effect that they are, and they shall be, subject to revocation by the chief of police at any time. 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. F. It is unlawful for the driver of any taxicab to allow such taxicab to remain in any taxistand, as set out in this section, unattended for a period of time longer than ten minutes. G. No carrier or driver of any taxicab shall solicit passengers at a distance greater than ten feet from his taxicab. Page 4 of 6 Pages ORIGINAl. 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 .............. Page 5 of 6 Pages 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 OCT 0 6 2004 by the following vote: COUNCILMEMBER COUCH, CARSON. BENHAM. MACGARD, HANSON. SULLIVAN. SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNClLMEMBER ~. t~L,Y~C~ r-~ CITY CLERK and EX OFF-~;IO of the Council of the City of Bakersfield APPROVED: OCT 0 $ 2004 By: H~RVEY L~ HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ?ROBERT~I. SHE R-~i Deputy City Attorney RMS:dll Page 6 of 6 Pages ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) PAMELA A. McCARTHY, 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 6th day of October, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4215, passed by the 6th day of October, 2004 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE OF THE CITY TO BAKERSFIELD A AMENDING CHAPTER 5.50 SECTIONS 5.50.020, 5.50.030, 5.50.040, 5.50.050, 5.50.060, 5.50.170 AND 5.50.320 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO TAXICABS. /s/PAMELAA. McCARTHY City Clerk of the City of Bakersfield -(J DEPUTY~City Clerk ORIGINAL