HomeMy WebLinkAboutORD NO 173ORDINANCE N0./TD
NEW SERIES.
AN ORDINANCE REGULATING THE BUSINESS
OF OPERATING VEHICLES FOR.HIRE; MAK.
THE VIOLATION HEREOF A MISDEMEANOR
AND PROVI~NG A PENALTYTHEREFOR,
AND REPEALING ORDINANCE NOS. 102 New
· Series and ll6 New Series and all
other ordinances~'and parts of ordi-
nances in conflict herewith of the
City of Bakersfield.
·
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERS-
FIELD, as follows:
SECTION 1.
It shall be unlawful for any perso~ firm or corpora-
tion to drive or operate any rent car, automobile for hire,
taxicab, auto stage, t,ruck, omnibus, hack, coach or other vehi-
cle used for carrying passengers, freight, animals, bangage or
merchandise for hire within the 8ity of Bakersfield, without
first having procured a permit from the City Manager of the'
City of Bakersfield to so do.
SECTION 2.
All applications for permits under the provisions
of this ordinance shall be made out on forms to be obtained
from the City Manager and shall contain the following: The
name of the person, 'firm or corporation owning such vehicle;
the kind of vehicle for which such permit is sought, and if a
motor vehicle, the state license number thereof; and if the
~'~n'~ '~.~~-er~'on -l~-a~e of sslh~i'~H~S' while await~ 'Lemploy-
ment-to occupy any stand upon'the streets of the City of Bakers-
field, the proposed location for said. stand; said application
SECTION
must be endorsed by and have the written consent'.~'~f.'-'..the occu-
pant of the first floor of that portion of the buildin~ on the~'
premises'in front'of which it is desired that such vehicl.e.¥H~I1
stand; provided, however, that if there is no building on said
premises, or if there is a building and said-first floor is not
occupied, then said application must be endorsed by'and have the
written consent of the owner 'or lessee'of said premises. Said
application when so filled out shall be placed before the City
Manager of said City, who shall at his discretion, grant or deny
said permit; provided, however, that in no case. shall a permit
be granted for any such vehicle to stand on l~thStreet between
F and ~ Streets or on Baker Street between East l~th Street and
the Southern Pacific Railroad Tracks.
Not more than four such vehicles shall ~e permitted
to stand upon a street within the limits of 'any block and not
more than two such vehicles shall be permitted to stand on one
side of Such street within any such block, and not m~ie than
two such vehicles shall be permitted to stand upon one side of
such street within the limits of any one-half block'. No such
vehicle shall be permitted to stand within 'forty (40).feet'of
another such vehicle upon the same side of any street and no' such'
vehicle shall be permitted to stand within twenty-five (28) feet
of an~ alley intersection. Provided, i~rther, that ddring~ the
time any v~hicle used for the ~ransportation ~ passengers for
bite is absent from the place where such vehicle is petitted
to stand as provided herein, them~in that event the owner of the
petit to stud such vehicle may substitute another vehicle
used for the transportation of passengers for hire oEed by.him,
-- ~- --=.ln~~-la-ce 'and ..~te~d'.Of the-'~hicle'wHidH is absen~ from
the stand, Provided however, the foreEoing restrictions in
this sectib'n shali not apply to automobile stages running on
. -.f -~ -
regular scheduly bet~een Bakersfield and other points. And
: .
.,' , ..A
A s~parate permit shall be issued for each vehicle,
and all permits issued.' by .said City Manager pursu~n'~t- to the'
,.~. provisions of this ordinSnce, shall contain the.'!....~?~.~'ilt. he per-
son to whom the same is granted, the kind of veb. icle,. and if'a
motor vehicle, the s~ate license m~e.r thereof, and' th.e place ..-~i~
· ~' Every driver or person in charge of any vehicle for
which a permit shall have been obtained, pursuant to the EPoT
visions of this ordinance, shall have such permit attach~~'~c~"'.-'~'
...... vehicle in a conspicuous place at all times while .~ivin~ or "'~:'-'~"
- .i ,.[j.~,'~..
in c~arge of such vehic'le and sb. all permit the ex~i'nation of
such permit whenever requested to do so by any p ~
· -- ffi cerol i
. ~-~.. - .
of the Superintendent of Streets of said City..~
Upon written notice the Council may i'n its discretion ..~,~.
revoke the petit'of any person_ whenever it shall appear ~..~'the
s~4sfaction of said Council that the holder' of s~e uses or .~"
operates said vehicle or per~,its s~e to bej. Used or operated in
an unlawful m~n.er. or for lewd or' iEoral ~Pposes or' for car~-
· . ing '.passengers to-or from houses or prostitution or assignation,
or upon good cause being shown that it is.~or the best interests
of the .public that said permit should' be :revoked, and the decil. ~. ~'-
'sion of said Council thereon shall be final and conclusive.
Prom the time of the revocation of any such petit it
shall be unlawful for the person, fire or corporation whose
pe~.it ts so revoked to ~low any .vehicle for which such permit
is granted o'~' ~y ~the'r ~e~i~.~:~ ~nder the control or management
of the person holding said permit to use or operate said ve~icle
for hire, or permit or allow s~e to ·occupy any stand, designated
in such revoked petit, unless 'a new petit' shall have been granted
SECTION 7.
said person firm or corporation.
It shall be unlawful for any person, firm or corporation,
their agents or employees, or any person on their own ·behalf, own-
"" in~ operating, driving or using automobiles for ~ire, or carrying
on, maintaining.or conducting any business under or by authority
of an automobile rent carlicense or automobile stage license
except at 'the stand for which a·permit has been granted as here-
in provided, to solicit for patronage or customers in or upon any
street within the City of Bakersfield, or in or upon any other
place within the ·City of Bakersfield.
SECTION 8.
At the time of making application for a permit as here-
.· in ·provided for, the applicant shall verify, under oath that he
has not, nor has any one for him or on his behalf paid, or promised
~ to pay, or offered to pay, nor agreed to pay, deliver or give any
thing 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
by Section 2 of this ordinance.
It shall be unlawful for any person, firm or corporation·
to give, take or receive any consideration of value for the obtain-
ing of said consent to occupy such stand upon any street in the
City 6f Bakersfield:a~s required by SectioD .2..Qf this ordinance and
for tt~e violation hereof such person shall be deemed guilty of
a misdemeanor and puhished as provided herein..
SECTION 9.
It shall be unlawful for any person, firm or corporation
to·drive or o~erate any rent car, automobile for ~ire, taxicab,
auto Stage, truck,.omnibUs, hack, co~h.or_-ethe~ yehiO~e used-for.
SECTION 10,
SECTION 11,-
SECTION.12.
carrying passengers, freight, animals, baggage or~'/merChandise
for hire within the City ~fBakersfield without first obtaining a
permit so-to do, provide~ however, that any person~.firm or cor-
poration holding a valid!permit as herein .provided '~O~veperate..or
drive a re~t car, automobile f0~ hire,· taxicab,' auto stage, hack,
Coach or other vehicle u~ed'for carrying passengers, freight,·
animals, baggage, or merchandise for hire withi·n the Cit f
...... - .. y o Bakers-
'- .... ~'~ .'7.'
field, may when any'such ,rent car~ auto stage,. taxicab, truckS'.. ':'..'---'...
: -.~...'
; '... :7.~.".'
omnibus, hack or other v~hicle so used i~ such business is put'
~n a Earage/for repairs ~r is being repaired by such person,
~....~- .!" ".
fi.~m"or ~orporation owning the same, may operate another or simi-
lar Vehicle as a substitute and in the stead for the ~ehicle so being
repaired, without obtaini'ng a further permit so to do from the City
of Bakersfield. ..
'The word ~trset" within the meaning of section 6
of this'Ordinance shall b~ deemed avenues, courts, lanes, alleys,
sidewalks, pathways, or o~her public places.
Ahy person, firm or corporation violating any of the
· .
provisions of'this Ord a. shall be deemed guilty of a misdemeanor
in nee
.o
and 'upon conviction thereof shall be punishable by a fine not to
exceed Three hundred dollars
. or by imprisonment in the County
Jail of Kern County not exceedin~ ninety days, Or by both such
fine and imprisonment, Each day. such vehicle for. hire is operated'
in violation of this ordinance the person operating same shall be
deemed guilty of a se.para~e Offense. - ....
........... "' ........... 'If-any.sectio., sub-section, 'c-l~ause o~---ph.rase of. this .~'
ordinance i~ .for any reason held to be unconstitutional, such deci-'
sio. n shall not affect the! validity of the-remaining portions of
· -~- ,
'~_~.. this 'ordinance, 'The Cou~..'cil.hereby declares that it would have
..
passed this ordinance, and each section, sub-section, sentence~
SECTION 15.
clause and phrase thereof,: irrespective of th& fact that any one
or more other sections, sub-sections, sentences, clauses or
phrases be decla.~ed uncon~t%utional.
That Ordinanc~ No. lOS New Series, Ordinance· No. ll6
New Series of the City cf'BSakersfield, and all other ordinances
in conflict herewith are ~ereby-expressly repealed..-~-
.... M -
..~,~'
I HEREBY CERTIFY THAT THE FOE~ING Ordinance was
passed and adopted by the~ Council of the Oity of Bakersfield
· -' on the ~ ' day.of . , 19~, by the follo'~ing vote:
AYes-Austin Baer Ca:']~s]e. CaHock, Gr{~h, Habe~e]ae, S~ene~
Eoes .........~ ........ = ................................................................................................
~ ~ .......~ .............................L ...........................................................................................
Ao en~ ~ ' CITY CL~io Clerk of
the Co~cil of the City of Bakers-
field.
APPROVED' this }~ay